President Donald Trump reignited a constitutional showdown by signing an executive order aimed at ending birthright citizenship for children born to undocumented immigrants and temporary visitors in the United States. Issued on his first day back in office, Executive Order 14156: Protecting the Meaning and Value of American Citizenship departs from over 125 years of legal precedent.
Almost immediately, federal courts stepped in, with one judge calling the order “blatantly unconstitutional.” Here’s what you need to know:
What is birthright citizenship?
Birthright citizenship automatically grants citizenship to anyone born on U.S. soil—a principle known as jus soli. The United States has long followed unrestricted birthplace-based citizenship, ensuring anyone born within its territory is recognized as a citizen, regardless of their parents' immigration status.
The 14th Amendment and its history
Adopted after the Civil War, the 14th Amendment was designed to guarantee rights for African Americans, repudiating the infamous Dred Scott v. Sandford decision, which denied citizenship based on race. It states:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
In United States v. Wong Kim Ark (1898), the Supreme Court reaffirmed this broad guarantee, ruling that a child of Chinese immigrants born on U.S. soil was a citizen, despite the parents’ ineligibility for citizenship under the Chinese Exclusion Acts.
Trump’s executive order: what does it do?
While acknowledging the 14th Amendment “rightfully repudiated” Dred Scott, the order claims the amendment has “always excluded from birthright citizenship persons who were born in the United States but not subject to the jurisdiction thereof.” It outlines two groups who would no longer be recognized as citizens at birth:
Federal agencies would be barred from issuing passports or other citizenship documents to these children. Critics argue the order effectively imposes ancestry requirements, clashing with the amendment’s original intent.
Why are Indian families afraid?
Indians, who form the second-largest immigrant group in the US, will be heavily impacted. More than five million hold non-immigrant visas, and under the proposed rule, their US-born children would no longer receive automatic citizenship.
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.
The order would, therefore, affect undocumented immigrants, ending birthright citizenship for their US-born children, who previously could sponsor their parents for green cards upon turning 21. Pew Research estimates there are 725,000 undocumented Indians, while the Migration Policy Institute pegs the number at 375,000.
For Indians on H-1B and O visas, the biggest concern is their children’s future. Temporary visa holders must leave the US for visa stamping, a process fraught with delays and risks.