President Donald Trump has signed an executive order ending birthright citizenship in the United States, effective January 20, 2025. This policy change ends a tradition that has been a cornerstone of American identity for over 150 years, granting automatic citizenship to anyone born on US soil. The new rule impacts not only children of undocumented immigrants but also children of legal immigrants, including those on H1B visas and their families.
What Trump’s Executive Order Entails
The executive order states that starting February 19, 2025, children born in the US to parents on temporary visas, such as H1Bs, H-4s, or student visas, will no longer receive automatic citizenship. For these families, where one or both parents are not US citizens or green card holders, the implications are significant. Children born under these circumstances will now face complex legal processes to gain citizenship or risk self-deportation as they age out of their dependent status.
The new policy is a direct hit to families stuck in the green card backlog, many of whom are Indian nationals. These families have long relied on birthright citizenship to secure a stable future for their children in the US. Losing this right creates a wave of uncertainty for their children’s education, career prospects, and overall stability.
Understanding Birthright Citizenship and Its Legacy
Birthright citizenship, introduced through the 14th Amendment in 1868, was designed to rectify injustices from slavery. It guaranteed citizenship to anyone born on US soil, regardless of their parents’ status. For over 150 years, this policy symbolized America’s commitment to equality and opportunity, becoming a beacon for immigrants worldwide.
The US followed a dual system of birthright citizenship:
- Unrestricted Birthplace-Based Citizenship: Automatic citizenship for those born on US soil, excluding children of foreign diplomats.
- Restricted Ancestry-Based Citizenship: Citizenship for children born abroad to US citizens, subject to statutory criteria.
Trump’s executive order dismantles the first category, fundamentally altering the nation’s immigration landscape.
Trump’s Executive Order Challenging the 14th Amendment
The executive order challenges the interpretation of the 14th Amendment, which guarantees citizenship to anyone “born or naturalized in the United States, and subject to the jurisdiction thereof.” Historically, this excluded only children of diplomats and enemy combatants. Trump’s interpretation now extends this exclusion to children of legal immigrants on temporary visas.
Civil rights organizations, including the American Civil Liberties Union (ACLU), have condemned the move, arguing it violates constitutional rights and long-standing legal precedents. The policy is expected to face fierce legal battles, with critics calling it an overreach of executive power.
Implications for Higher Education
For families on temporary visas, this policy disrupts not just citizenship rights but also access to higher education. Previously, children born to visa holders became citizens, benefiting from in-state tuition, scholarships, and federal aid. Without these privileges, many families will face skyrocketing education costs.
Children of legal immigrants who age out of dependent visas will face the challenge of securing student visas to continue their studies. This shift may reclassify them as international students, making them ineligible for in-state tuition and financial aid. As a result, many may abandon their higher education dreams altogether.
Impact on US Universities and the Economy
The ripple effects of this policy will extend beyond individual families. State universities, heavily reliant on tuition from domestic and international students, may experience enrollment declines. Indian students, who make up a significant portion of international enrollees, contribute billions to the US economy annually.
A drop in enrollment could lead to budget shortfalls for universities, affecting faculty, programs, and research initiatives. The loss of skilled students pursuing STEM fields could also exacerbate talent shortages in critical industries, jeopardizing America’s competitive edge globally.
The exclusion of immigrant families from citizenship threatens the diversity and innovation that have been hallmarks of US universities and industries. Immigrant students often excel in STEM fields, filling essential roles in healthcare, technology, and engineering. Their absence could hinder progress in these sectors and reduce America’s global influence.