The United States has long been regarded as a land of opportunity, with its policies on birthright citizenship attracting millions of immigrants over the years. However, a recent executive order has introduced a major shift, curtailing the principle of jus soli—the right of anyone born on U.S. soil to acquire citizenship automatically. This policy change has significant implications, especially for over one million Indian nationals waiting in the green card queue.
The Policy Change
Under the new executive order, effective February 19, 2025, automatic birthright citizenship is restricted in the following scenarios:
1. Children of Unauthorized Immigrants:
Children born in the U.S. to parents who are unlawfully present will no longer be eligible for automatic citizenship.
2. Children of Temporary Visa Holders:
Even if a mother is lawfully present in the U.S. on a temporary visa (e.g., H-1B, L-1, or F-1), the child will not automatically receive citizenship if the father is neither a U.S. citizen nor a green card holder.
Previously, children born in these circumstances were granted U.S. citizenship, providing stability and a pathway to opportunities for immigrant families. This change, however, disrupts this system.
Impact on Indian Nationals
Indian nationals, who make up a significant portion of the skilled immigrant workforce in the U.S., are among the hardest hit.
• Green Card Backlog:
Over 1 million Indians are stuck in the employment-based green card backlog due to country-specific caps. Many wait decades for permanent residency despite fulfilling all legal requirements.
• Temporary Visa Dependence:
Most of these individuals are on non-immigrant visas such as H-1B. Under the previous system, children born in the U.S. automatically became citizens, mitigating the uncertainty faced by their parents.
• New Challenges for Children:
Without citizenship, these children may face:
• Uncertain legal status.
• Barriers to accessing education, healthcare, and other benefits.
• Risk of deportation if their parents lose visa status.
Legal and Ethical Concerns
The new policy is controversial and has drawn criticism from various quarters:
1. Constitutional Conflict:
The 14th Amendment of the U.S. Constitution explicitly grants citizenship to anyone born on U.S. soil, regardless of their parents’ immigration status. Critics argue that the executive order directly violates this provision.
2. Disproportionate Impact:
Immigrant communities, especially those from countries like India, China, and Mexico, are disproportionately affected. These groups already face systemic delays in immigration processing.
3. Impact on Skilled Workforce:
Many Indian nationals contribute significantly to the U.S. economy in fields like technology, healthcare, and academia. The policy undermines their stability, potentially deterring skilled talent from coming to or remaining in the U.S.
Ongoing Legal Challenges
Organizations such as the American Civil Liberties Union (ACLU) and immigrant rights groups have filed lawsuits to challenge the policy. They argue that:
• The executive order exceeds the President’s authority.
• It undermines the principles of equality and fairness enshrined in the Constitution.
Legal experts predict a prolonged battle in the courts, with the ultimate decision likely resting with the Supreme Court.
Broader Implications
1. Global Perception:
The U.S. risks losing its image as a welcoming destination for immigrants. Countries like Canada and Australia may become more attractive to skilled workers seeking stable immigration policies.
2. Economic Consequences:
Immigrant workers are essential to industries like IT, healthcare, and research. Policies that create uncertainty may lead to talent shortages and economic disruptions.
3. Social Polarization:
The move may exacerbate divisions in American society, fueling debates on immigration and national identity.
Conclusion
The curtailment of birthright citizenship marks a significant departure from long-standing U.S. immigration policies. For over a million Indian nationals in the green card backlog, it adds another layer of complexity to an already arduous journey toward permanent residency. As legal battles unfold, the future of birthright citizenship—and its impact on immigrant communities—hangs in the balance.
This policy shift underscores the urgent need for comprehensive immigration reform to address systemic issues while upholding the principles of fairness and equality.
