Key Highlights
President Donald Trump's executive order to cancel birthright citizenship for all immigrants in the United States has startled immigrant communities nationwide. The new immigration policy started its 30-day countdown when President Trump signed it and will affect many immigrants, particularly Indian Americans.
Understanding the Executive Order
President Trump signed an executive order that tries to change how we understand the 14th Amendment of the U.S. Constitution. Under this new interpretation:
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Children born inside the U.S. will not obtain citizenship through birth if their parents are non-American.
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The policy change targets children born in the United States to mothers who are non-U.S. citizens who made short-term visits without their father, who is neither a U.S. citizen nor a lawful permanent resident.
Under Trump's view the 14th Amendment has never granted everyone born in America automatic U.S. citizenship which breaks longstanding constitutional law.
Impact on the Indian-American Community
The Indian-American community, one of the fastest-growing immigrant groups in the U.S., stands to be significantly affected by this policy change:
H-1B Visa Holders and Green Card Applicants
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A million people from India waiting for employment visa green cards will feel the effects of these changes.
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Children born to Indians who hold temporary work visas or wait in the green card queue will no longer automatically become U.S. citizens.
Statistical Impact
Pew Research data shows that 1.6 million citizens descended from Indian immigrants live in the United States today. The new policy will produce substantial changes in the nationality of future generations.
Long-Term Consequences
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Every family on standby for their green card immigration process during the last decades will now experience fresh roadblocks. U.S.-born children act as stability because they can help their immigrant parents apply for legal residency when they reach age 21.
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Under the new plan, children who are not U.S. citizens might have to choose between becoming international students or returning to their home nation as adults.
Also Read: Biden Administration Withdraws Trump-Era Immigration Rules
Legal Challenges and Constitutional Questions
The executive order is expected to face significant legal challenges:
Constitutional Interpretation
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On the U.S. soil birth market, all individuals for 14th Amendment jurisdiction, no matter their parent's immigration status.
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Supreme Court justices recently upheld this method for interpreting the law by giving citizenship to a Chinese immigrant's U.S.-born child whose parents were not citizens.
Expert Opinions
Immigration attorneys and legal experts have weighed in on the constitutionality of the order:
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Immigration attorney Cyrus D. Mehta believes President Trump's team could submit this case to the Supreme Court because the present majority would support their new reading of the 14th Amendment.
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The firm's co-founder Greg Siskind calls the order "stunningly unconstitutional" because "subject to the jurisdiction thereof" only applies to specific groups his order tries to restrict.
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The Supreme Court's decisions about the 14th Amendment provide no space to read legal boundaries differently, according to Ashwin Sharma.
Broader Implications for U.S. Immigration Policy
This executive order represents a significant shift in U.S. immigration policy, with potential ripple effects across various aspects of the system:
Family-Based Immigration
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Under the new policy, U.S.-born children can no longer help their immigrant parents gain citizenship when they turn.
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The new rule creates families where multiple children have different citizenship statuses just because they entered the world at different times.
Attracting Skilled Immigrants
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The new policy will make it harder for skilled immigrants to live and work in the United States, which may threaten businesses that need foreign talent the most.
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Companies will struggle to recruit and keep international workers when the future of their families' immigration remains unclear.
Administrative Challenges
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Federal agencies must create new rules to assess birth citizenship while handling immigration benefits, and wait times grow longer.
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The policy creates difficulties with getting everyone to follow it equally between different US regions.
Global Context and Comparisons
It's worth noting that the U.S. is not alone in grappling with questions of birthright citizenship:
European Perspective
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European countries, including Sweden, are embracing measures that expand birthright citizenship rights. For instance, Sweden is considering changes to its citizenship laws, but with a different focus:
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Sweden wants individuals to live in the country for 8 years before they can take their citizenship test.
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The Swedish government wants applicants to prove they understand the Swedish language and culture when they apply for citizenship.
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People must prove they can handle their living expenses before becoming citizens according to new rules.
By changing the Swedish citizenship procedure, the country now concentrates on social integration and cultural adaptation rather than directly limiting baby birth nationality.
Also Read: US Extends Green Card Validity for Renewal Applicants: Key Updates
Potential Scenarios and Future Outlook
As the executive order faces inevitable legal challenges, several scenarios could unfold:
1. Immediate Legal Challenges
Groups fighting for equal rights and immigrants' protection will take the matter to court to test the order's validity against the law.
Before the order starts, a federal court can block all actions while legal challenges play out.
2. Supreme Court Decision
The Trump administration will take the lower court ruling to the Supreme Court for review after losing lower court battles.
This case would help decide how we interpret the 14th Amendment's role in determining U.S. citizenship standards.
3. Legislative Response
The United States Congress can propose new rules about birthright citizenship, but winning the agreement of both political groups will prove hard to achieve.
4. International Reactions
Other countries will reassess their own rules, accepting foreign-born babies born on their land as citizens due to this action from America.
The political relationship between nations might suffer, especially in nations that have many affected citizens.
Conclusion
Under President Trump's executive order, the United States has taken a big step to change immigration rules, which affects how millions of immigrants live with their families. President Trump's executive order seeks to change historical Constitutional interpretation in a process that is expected to take years and redefine national citizen standards.
New uncertainties cast doubt on the immigration status of Indian Americans and others awaiting green cards and temporary visas. The swift volatility of immigration policy shows how fast it can shift and control the destiny of individuals seeking the right to live in the country. To know more about US immigration, you must contact TerraTern right away!
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