Birthright citizenship was to be removed by an executive order issued by former President Donald Trump. The order was blocked by a federal judge in Seattle. This ruling brings significant relief to Indian immigrants, particularly those on visas like H-1B, L-1, H-4, and F-1, who were worried that their children might lose their right to U.S. citizenship.
What Was Trump’s Executive Order About?
On January 20, 2025, at the start of his second presidential term, Trump signed an executive order that would deny automatic citizenship to children born in the U.S. to parents who are not permanent residents. This change would have affected children born to visa holders, excluding them from being recognized as U.S. citizens.
Why Did the Court Block This Order?
Judge John Coughenour, who presided over the case, ruled that the U.S. Constitution guarantees birthright citizenship, and altering this would require a constitutional amendment, not merely an executive order.
“A political agenda cannot be used to manipulate the rule of law. According to Judge Coughenour, amending the Constitution is required to change birthright citizenship.”
Judge Deborah Boardman in Maryland issued a similar decision, reinforcing the legal challenges to Trump’s policy.
Impact on Indian Families
If Trump’s order had been enforced, the consequences for many Indian families would have been severe:
- U.S.-born children of H-1B, H-4, L-1, and F-1 visa holders would have lost their citizenship status.
- These children would be ineligible for in-state tuition rates, financial aid, and scholarships.
- Young adults caught in green card backlogs could face deportation at age 21.
- Many Indian parents hurried to give birth before the February 20 deadline to safeguard their children’s citizenship.
What’s Next?
The U.S. Justice Department intends to appeal the decision, potentially bringing the case before the 9th U.S. Circuit Court of Appeals and possibly the Supreme Court.
For now, Indian families and other immigrant communities can breathe a sigh of relief, as the courts have upheld birthright citizenship, at least temporarily.
