U.S. President Donald Trump has signed an executive order to end automatic citizenship for U.S.-born children of undocumented immigrants, setting the stage for a legal battle over the 14th Amendment. Starting in 30 days, federal agencies will no longer issue citizenship documents to such children, effectively challenging a constitutional guarantee upheld for over 150 years.
Trump argued the 14th Amendment has been misinterpreted. “The 14th Amendment has never been interpreted to universally grant citizenship to everyone born in the United States,” he said. Under the new rule, children born to parents who are neither U.S. citizens nor lawful permanent residents will no longer be considered citizens at birth.
This change has significant implications for Indian immigrants, particularly those stuck in the decades-long employment-based green card backlog. Many Indian families rely on birthright citizenship for their U.S.-born children to gain legal standing and, eventually, help their parents navigate immigration hurdles.
Children born to parents on temporary work visas like H-1B or dependent visas like H-4 will now lose automatic citizenship. This creates new uncertainties for families who are already facing delays in securing permanent residency. For many, the ability of their U.S.-born children to sponsor them for a green card upon reaching adulthood was a critical part of their long-term immigration plans.
One immigration lawyer explained, “If both parents are in the U.S. on non-immigrant visas, their child will no longer be issued a U.S. passport under this executive order. It’s a ripple effect that will disrupt lives, especially for families caught in long backlogs.”
For Indian couples on non-immigrant visas, the impact is immediate. Birthright citizenship often served as a safety net for children, giving families some stability as they waited for permanent residency. Now, families will need to reassess their immigration strategies and face the possibility of returning to India when their visas expire.
Legal experts widely believe the order will face significant challenges in court. Greg Siskind, co-founder of immigration law firm Siskind Susser, called the order “stunningly unconstitutional.” He explained that the 14th Amendment’s phrase “subject to the jurisdiction thereof” has consistently been interpreted to include nearly all individuals born on U.S. soil, except children of diplomats or enemy occupiers.
The fight over Trump’s executive order is likely to head to the Supreme Court, where the conservative-leaning bench will play a decisive role. For now, Indian families—and millions of others—await clarity on what this dramatic shift means for their futures.