On January 20, 2025, U.S. President Donald Trump, during his second presidential term, signed a sweeping series of executive orders, signaling a major shift in U.S. immigration policy. Among the most contentious of these actions was his decision to end automatic birthright citizenship for children of non-permanent residents. This move has sparked debates and raised concerns, particularly for Indian-American families and those relying on temporary visas in the U.S.
Trump’s Inaugural Day Executive Orders: A Flurry of Controversial Decisions
President Trump started his new term with a flurry of major executive actions. These included pardoning approximately 1,500 individuals involved in the 2021 U.S. Capitol riots, declaring a national emergency at the U.S.-Mexico border, and withdrawing the United States from the Paris climate agreement. However, one of the most significant and divisive actions taken was the signing of an executive order to end automatic birthright citizenship.
The order could potentially affect millions of children born in the United States to parents who are not U.S. citizens or permanent residents. Immigration advocates have already voiced strong opposition, with legal challenges expected to unfold in the coming weeks.
What Is Birthright Citizenship?
Birthright citizenship is a principle rooted in the U.S. Constitution. According to the 14th Amendment, children born on U.S. soil automatically acquire U.S. citizenship, regardless of their parents’ nationality or immigration status. This provision was adopted in 1868 after the Civil War, aiming to grant citizenship to formerly enslaved people and their descendants.
In 1898, the U.S. Supreme Court further solidified this principle by ruling that a child born in the U.S. to Chinese parents, who were permanent residents but ineligible for citizenship, was still entitled to full legal status.
Trump’s Argument Against Birthright Citizenship
President Trump’s executive order contends that the 14th Amendment has been misinterpreted. The order asserts that the term “subject to the jurisdiction thereof” in the amendment has been expanded incorrectly to include everyone born on U.S. soil. The Trump administration argues that this should not apply to individuals who illegally enter the country or those whose parents are not U.S. citizens.
The executive order claims that historically, the 14th Amendment was never meant to extend birthright citizenship universally and that the language used in the amendment excludes people who are not “subject to the jurisdiction thereof,” including illegal immigrants.
The new executive order is expected to face legal challenges in the coming days. Immigration advocates have already filed a lawsuit in New Hampshire, arguing that the move is unconstitutional. The outcome of these legal battles could significantly shape the future of birthright citizenship in the U.S.
Critics of the order argue that it undermines the constitutional rights of children born on U.S. soil and creates uncertainty for families who have relied on the protections afforded by birthright citizenship for generations.
Impact on Indian-Americans
The impact of this executive order is particularly notable for Indian-American families. The Indian diaspora is one of the fastest-growing immigrant groups in the United States, with over 5.4 million Indians living in the country. Approximately one-third of this population is U.S.-born, while the remainder are immigrants, many of whom reside on temporary work visas such as the H-1B.
If Trump’s order is fully implemented, children born to Indian citizens on temporary work or tourist visas will no longer automatically receive U.S. citizenship. This could have significant implications for families who had hoped to secure a permanent legal status for their children through birthright citizenship.
Additionally, the order targets “birth tourism,” a practice where pregnant women travel to the U.S. to give birth in order to secure U.S. citizenship for their children. While this has been a controversial practice, it is believed that families from countries like Mexico and India are among the highest users of this route.
Trump’s Plan to End Birth Tourism
In his executive order, Trump also aims to end the practice of birth tourism, which involves individuals traveling to the U.S. specifically to give birth and secure U.S. citizenship for their child. This practice has come under increased scrutiny, and Trump’s administration views it as a loophole to exploit U.S. immigration laws.
For Indian and Mexican families who rely on this route, this change could make it harder for children born in the U.S. to obtain citizenship. The executive order represents a significant shift in how the U.S. will handle birthright citizenship moving forward.
While the legal challenges to Trump’s order are underway, its implications are far-reaching. If upheld, the end of automatic birthright citizenship would mark a major shift in U.S. immigration policy, and it could have lasting effects on the status of children born to non-permanent residents. The decision also raises concerns about fairness and the interpretation of constitutional rights.
For now, all eyes will be on the court system, as the fate of this executive order rests in the hands of the judiciary. Until then, families who rely on birthright citizenship will be left in uncertainty, waiting to see how the legal challenges unfold.
