WASHINGTON, Jan 22: Indian-American legislators have voiced their opposition to the executive order issued by US President Donald Trump regarding changes to birthright citizenship. This decision could significantly affect not just illegal immigrants globally but also students and professionals from India.
In the early hours of his second presidential term on Monday, Trump signed an order that states that future children born to undocumented immigrants will no longer automatically be recognized as citizens. This policy would also apply to children born to mothers legally present in the country on a temporary basis, including foreign students and tourists.
The executive order claims that children of such noncitizens do not fall under the jurisdiction of the United States, thus dismissing them from the protections provided by the 14th Amendment’s established constitutional guarantees.
Indian-American Congressman Ro Khanna expressed concern that this executive order change would affect not only the newborns of undocumented immigrants but also those of legal residents, such as individuals holding H-1B visas.
The H-1B visa allows US companies to hire foreign workers in specialty occupations requiring theoretical or technical expertise. This visa is crucial for technology firms that rely on bringing in tens of thousands of skilled individuals from countries like India and China each year.
“Trump’s order eliminates birthright citizenship for children born in the US not only to undocumented parents but also to lawful immigrants on temporary student visas, H-1B, H-2B, or business visas. This contradicts the claim that Republicans support legal immigration,” Khanna stated.
Indians are the primary recipients of H-1B visas, attracting top talent from around the world. Highly skilled professionals from India receive the majority of H-1B visas, which are capped at 65,000 annually by Congress, along with an additional 20,000 for individuals who have obtained higher education in the US.
“Regardless of what Donald Trump says or does, birthright citizenship is and will remain the law of the land. I will fight to defend it at all costs,” asserted Indian American Congressman Shri Thanedar.
Indian American Congresswoman Pramila Jayapal labeled the order as unconstitutional. “Simply put, this is unconstitutional and cannot be executed with a mere signature. If implemented, it would undermine our country’s legal framework and the precedents established in the Constitution,” she remarked.
A coalition of immigration rights advocates has challenged this move in court, asserting that it is unconstitutional.
According to the executive order, the US will no longer grant automatic citizenship to newborns after February 19, 2025, if neither parent is a US citizen or lawful permanent resident.
Additionally, attorneys general from 22 states have filed lawsuits against President Trump in two federal district courts to impede the executive order, which refuses to acknowledge the US-born children of unauthorized immigrants as citizens, as reported by the New York Times.
Eighteen states and two cities, San Francisco and Washington, DC, have contested the order in the Federal District Court in Massachusetts, arguing that birthright citizenship under the 14th Amendment is “automatic” and that neither the president nor Congress has the authority to alter it constitutionally.
Four other states have initiated a second lawsuit in the Western District of Washington.
The states are seeking immediate relief to prevent the implementation of the President’s Order through both a Temporary Restraining Order and a Preliminary Injunction.
“President Trump’s unilateral attempt to end birthright citizenship is a blatant violation of our Constitution,” declared New Jersey Attorney General Matthew Platkin.
“The President’s executive order to rescind birthright citizenship is not only unconstitutional but also fundamentally un-American,” commented California Attorney General Rob Bonta.
Ajay Bhutoria, Biden White House Commissioner and Deputy National Finance Chair for the Democratic Party, stated that the 14th Amendment is not negotiable.
“This executive order is not only unconstitutional but also contradicts the values of equality and justice that characterize America,” he said.
Bhutoria called on the South Asian and wider immigrant communities to unite against policies that endanger the foundational principles of the Constitution.
“We must collaborate to ensure that these divisive and unconstitutional actions do not prevail,” he urged. (PTI)
