The 2024 US elections have brought a wave of anxieties for millions of Indian families living in the US. A proposed executive order by Donald Trump, if implemented, could drastically alter the future of children born in the US to Indian parents who are not US citizens or permanent residents. This policy shift could effectively strip these children of their birthright citizenship.
Trump’s campaign document, which he and his running mate, Vance, promised to implement on “Day 1” of their presidency, vows to curb naturalized citizenship. The draft of the proposed executive order, posted on their official website, states, “Federal agencies will be instructed to mandate that at least one parent be a US citizen or lawful permanent resident for their future children to automatically acquire U.S. citizenship.” This means that children born in the US whose parents are neither US citizens nor permanent residents (PR) would no longer be eligible for automatic citizenship through naturalization.
The potential consequences of this policy change are far-reaching and potentially devastating for Indian families. The employment-based green card backlog from India has already surpassed 1 million in the first quarter of 2023, with the average wait time for a green card now exceeding 50 years. This means that over half a million young immigrants who came to the US for education or work might not see citizenship in their lifetime. The backlog also affects children waiting for citizenship. Nearly a quarter of a million children could reach the legal age limit of 21, after which they would be considered undocumented immigrants unless they secure an alternative visa, such as a student visa.
The proposed executive order is not just a policy change; it is a direct challenge to the 14th Amendment of the US Constitution. Section 1 of the 14th Amendment states, “All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” This amendment further asserts that no state can enact laws that impact the privileges and immunities of Indian citizens living in the US. Legal experts believe that Trump’s proposed executive order could face significant legal challenges. The draft of the executive order claims to have interpreted the 14th Amendment correctly. However, the implications of this policy change are far-reaching and raise critical questions about the future of birthright citizenship in the US. This situation underscores the significant impact of political decisions on the lives of millions of individuals, particularly Indian immigrants who have made the US their home.
