US President-elect Donald Trump is planning to end automatic citizenship for children born in the US where neither parent is a citizen or lawful permanent resident. The change, outlined in a draft executive order posted on Trump’s official campaign site, is expected to be signed on his first day in office. Should this order go into effect, children born in the US will no longer automatically qualify for US citizenship unless at least one parent has citizenship or a green card.
Potential impact on Indian immigrants in green card backlog
The proposed policy change could be particularly impactful for Indians Employment Based Green Card BacklogMany Indian immigrants face significant delays in obtaining permanent residence due to the backlog in the EB-2 and EB-3 visa categories. A 2023 study by the Cato Institute estimates that the backlog could mean a wait of up to 134 years for some people, with more than one million Indians still waiting for a green card.
Delayed generations are also at risk. More than 100,000 children from Indian families may face difficulties as their dependent visa status will expire when they turn 21. Without automatic citizenship, these young adults would be forced to either self-deport or seek a new visa, such as a student visa. This challenge to staying in the US adds to the existing stress on Indian families waiting for their green cards, as they could potentially see their children lose eligibility for US citizenship.
Widespread impact on Indian-Americans
According to the 2022 US Census, approximately 4.8 million Indian-Americans live in the US, of which 34% are US-born. Although many of these families may not be directly affected, this policy could impact future generations and create a sense of uncertainty within the community. Some Indian families included in the backlog may face pressure to speed up their path to citizenship or face the risk that their children will no longer qualify for automatic US citizenship.
What will happen next?
If enacted, the order could challenge traditional interpretations of the 14th Amendment to the US Constitution, which grants citizenship to all persons born on US soil. Indian-Americans and other immigrant communities will be closely watching as the executive order takes shape. Legal challenges could arise, raising questions about whether the order conflicts with long-standing US citizenship laws. Right now, many are preparing for a significant change in the rights of future generations of immigrant families in America.
