U.S. birthright citizenship: Indian-American lawmakers oppose President Donald Trump’s executive order

Indian-American lawmakers oppose Trump's executive order on birthright citizenship, impacting not only illegal immigrants but also legal residents.

Indian-American lawmakers have opposed the executive order by U.S. President Donald Trump on changes in birthright citizenship, a move likely to hit not only illegal immigrants from around the world but also students and professionals from India.

On Monday (January 20, 2025,) in the opening hours of his second term as President, Mr. Trump signed an order declaring that future children born to undocumented immigrants would no longer be treated as citizens. The order would extend even to the children of some mothers in the country legally but temporarily, such as foreign students or tourists.

Mr. Trump’s executive order asserts that the children of such non-citizens are not “subject to the jurisdiction” of the United States and thus are not covered by the 14th Amendment’s longstanding constitutional guarantee.

Indian-American Congressman Ro Khanna said changes in birthright citizenship as done through the executive order would impact newborn babies of not only illegal and undocumented immigrants but also those staying in this country legally, such as on H-1B visas.

The H-1B visa is a non-immigrant visa that allows the U.S. companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. Technology companies depend on it to hire tens of thousands of employees each year from countries such as India and China.

“Trump's order removes birthright citizenship for children born in the U.S. not just to undocumented parents but to 'lawful' immigrants who are temporarily on a student visa, H1B/H2B visa, or business visa. So much for the pretence that the Republicans are for legal immigration,” Mr. Khanna said.

Indians are the main beneficiaries of the H-1B visas, which bring in the best of the talent and brains from across the world. Highly skilled professionals from India walk away with the overwhelming number of H-1B visas — which is Congressional mandate — 6,50,000 every year and another 20,000 for those who received higher education from the U.S.