Indian-American Lawmakers Slam Trump’s Executive Order Limiting Birthright Citizenship For Legal Immigrants And H-1B Visa Holders

Indian-American lawmakers have strongly opposed United States (US) President Donald Trump’s executive order issued on 20 January, which seeks to change the long-standing birthright citizenship policy.

The order would deny automatic US citizenship to children born in the country to undocumented immigrants, as well as to children born to legal immigrants, including students and professionals temporarily residing in the US under various visa categories.

The executive order, which President Trump signed in the first hours of his second term, claims that children born to non-citizens are not “subject to the jurisdiction” of the US and thus do not fall under the protections of the 14th Amendment.

This change could significantly affect a large population of legal immigrants, particularly those on temporary visas such as the H-1B, H-2B, or student visas.

Indian-American Congressman Ro Khanna voiced strong opposition, stating that Trump’s order would hurt not only undocumented immigrants but also law-abiding individuals from India who are in the US on legal work or student visas.

He criticised the move, saying, "Trump's order removes birthright citizenship for children born in the US not just to undocumented parents but to 'lawful' immigrants who are temporarily on a student visa, H1B/H2B visa, or business visa. So much for the pretence that the Republicans are for legal immigration."

Indian professionals, especially those benefiting from the H-1B visa program, are particularly vulnerable. These highly skilled workers, many from India, represent a large portion of the annual 6.5 lakh H-1B visas issued in the US. As one of the most prominent sources of talent globally, any threat to birthright citizenship creates uncertainty for families of these professionals.

Indian-American lawmakers have also called this order unconstitutional. Congressman Shri Thanedar stated, "No matter what Donald Trump says or does, birthright citizenship has and will be the law of the land. I will fight to protect it at all costs."

Similarly, Congresswoman Pramila Jayapal emphasised, “Plain and simple this is unconstitutional and cannot be done with the stroke of a pen. If enacted, it would make a mockery of our country’s laws and the precedents set in the Constitution.”

In response to the executive order, a coalition of immigration rights groups, along with attorneys general from 22 US states, have filed lawsuits to block the move, arguing it violates constitutional principles.