US President Donald Trump’s executive order to ban birthright citizenship for children of temporary visa holders sent shockwaves through immigrant communities, particularly Indian professionals on H-1B visas. Although currently on hold due to a legal challenge, the policy has thrown thousands of Indian families into uncertainty.
For Indian professionals who believed their US-born children would automatically receive citizenship, the order threatens to change everything. Many are now scrambling for clarity as they face critical decisions about their future.
"This impacts us directly," said Akshay Pise, an engineer in San Jose, California. His wife, Neha Satpute, is due this month. The couple is caught in a swirl of uncertainty. "If the order takes effect, we don't know what comes next—it’s uncharted territory," Pise told BBC.
Initially, they considered inducing labor early to ensure their child’s citizenship. But after some thought, they decided to wait. "I want the natural process to take its course," said Ms. Satpute. Her husband added, "My priority is safe delivery and my wife’s health. Citizenship comes second."
Reports of parents opting for early C-sections have surfaced in response to the order, but Satheesh Kathula, president of the American Association of Physicians of Indian Origin, strongly advised against it. "In a country with strict medical laws, I strongly advise against preterm C-sections just for citizenship," he said.
India on target?
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.
"Indians face the longest green card backlog of any nationality," said immigration policy analyst Sneha Puri. Current laws cap green cards at 7% per country, yet Indians account for 72% of H-1B visas, creating a backlog of 1.1 million. David Bier of the Cato Institute warned that many new Indian applicants face a lifetime wait, with 400,000 likely to die before obtaining a green card.
The order would also 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.