End of Birthright Citizenship? What Donald Trump’s order means for Indian Americans

President Donald Trump’s recent executive order (EO), titled “Protecting the Meaning and Value of American Citizenship,” has sent shockwaves through the Indian diaspora in the United States. The move has reignited debates on birthright citizenship, a long-standing constitutional provision under the 14th Amendment. While Trump’s campaign rhetoric hinted at ending “citizenship by birth” for children of illegal immigrants, the EO’s implications extend far beyond, impacting documented immigrants, including Indian H-1B visa holders and their families.
Under the new EO, children born in the US will no longer automatically receive citizenship unless at least one parent is a US citizen or lawful permanent resident (green card holder). This policy change, effective 30 days from the EO’s issuance, reinterprets the 14th Amendment’s clause “subject to the jurisdiction thereof,” which has historically granted citizenship to nearly everyone born on US soil.

The order specifically targets families where the mother is present in the US on a temporary visa (such as H-1B, L, F, or H-4) and the father is not a US citizen or green card holder. As a result, over a million Indian families waiting in long green card backlogs may find themselves grappling with new uncertainties.
Particularly at risk are Indian Americans, one of the immigrant groups with the fastest rate of growth in the United States. According to a Pew Research analysis of the US Census from 2022, there are approximately 4.8 million Indian Americans, of whom 34% live in the US. Birthright citizenship, which allows their children born in the US to petition their immigration status after they become 21, has been a safety net for many Indian families who are caught in the backlog of green card applications. This option is now under threat.
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Immigration attorneys and rights advocates have been quick to react. “If both parents are in the US in a non-immigrant status, such as H-1B and H-4, the State Department will not issue a US passport to the child under Trump’s EO,” said Cyrus D. Mehta, a New York-based immigration attorney. “This EO will obviously be challenged in court, but the administration seems prepared to take it all the way to the Supreme Court, where a conservative majority may uphold it.”
Critics argue that the EO’s reinterpretation of the 14th Amendment is legally tenuous. Historically, the Supreme Court’s 1898 ruling in United States v. Wong Kim Ark reaffirmed that a child born in the US to non-citizen parents is still a US citizen. Immigration experts like Greg Siskind call the EO’s stance “stunningly unconstitutional,” asserting that the term “subject to the jurisdiction thereof,” it was meant to apply to diplomats who are not subject to the jurisdiction of the US.

If reports are to go by, the American Civil Liberties Union (ACLU) has already filed a lawsuit, arguing that the EO flouts constitutional dictates and longstanding legal precedents. “The EO’s broad language not only undermines the 14th Amendment but also sets a dangerous precedent for mass disenfranchisement and family separations,” the ACLU stated.
The EO’s potential impact extends beyond legal battles to the lives of thousands of Indian families. Varun Singh, Managing Director of Bengaluru-based XIPHIAS Immigration, highlighted the ripple effects: “Indians constitute one of the largest groups of H-1B visa holders. Many live in the US with families, waiting years for green cards. Revoking birthright citizenship adds uncertainty to their future, discouraging many from pursuing opportunities in the US”
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Beyond the Indian community, though, the EO is probably going to deter talented foreign students and immigrants from coming to the US. Indian students are currently among the largest groups of international students in the US, which make significant contributions to its economy and academia. In the future, they might choose countries that have more welcoming immigration policies, like Canada and Australia, rather than face the risk of being denied birthright citizenship.
From an economic perspective, the move could negatively impact industries that heavily rely on skilled immigrants. Indian professionals play a pivotal role in sectors such as technology, healthcare, and academia—areas that are vital to the growth and innovation of the United States.
Next steps and legal battles aheadThe EO creates a contentious precedent, but there is no assurance that it will be followed. Advocates of immigration rights have, meanwhile, pledged to contest this ruling in court, citing it would be a lengthy process to change constitutional provisions. For your information, a constitutional amendment is required to change the 14th Amendment, along with the approval of two-thirds of Congress and three-fourths of state legislatures, which is nearly impossible in the current political scenario.
In the meantime, federal agencies have been directed to issue guidance within 30 days for implementing the EO. “The privilege of United States citizenship is a priceless and profound gift,” the order’s opening line declares, highlighting how to reshape the very fabric of American identity.
President Trump's executive order has, however, led to a heated discussion with regard to the future of birthright citizenship in the US. Its immediate impact on the Indian diaspora cannot be ignored, although years of legal battle might be in the picture to decide its fate. Also, the US runs the risk of losing its appeal as a global hub for talented people, whereas families that are already struggling with the backlog of green cards will now have to face increased uncertainty. The judges' decision to uphold or overturn this controversial ruling will be known in the upcoming months, but its effects will be felt for years to come.