“Over 1 Million Indians in Green Card Queue Affected Amid Legal and Constitutional Challenges”
January 21, 2025: Washington, D.C.: President Donald Trump’s recent executive order, titled “Protecting the Meaning and Value of American Citizenship,” has sparked widespread concern, particularly among the Indian diaspora in the United States. The order restricts birthright citizenship for children born to parents on non-immigrant visas, including H-1B and H-4 holders, raising legal, social, and constitutional questions.
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Key Highlights of the Executive Order:
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- Implications for Legal Immigrants:
- The order states that children born to parents who are in the U.S. lawfully but temporarily—such as on student, work, or tourist visas—will no longer qualify for automatic citizenship if at least one parent is not a U.S. citizen or green card holder.
- This affects over 1 million Indians awaiting green cards, many of whom relied on their U.S.-born children to sponsor them for citizenship after turning 21.
- Challenges to the 14th Amendment:
- Trump’s interpretation of the 14th Amendment excludes individuals not “subject to the jurisdiction thereof” from automatic citizenship, traditionally applied to diplomats and enemy occupiers.
- Legal experts and immigration attorneys argue that this reinterpretation contradicts long-established precedents, such as the landmark Supreme Court decision granting citizenship to children of Chinese immigrants.
- Legal Backlash:
- Advocacy groups like the ACLU and several immigration attorneys, including Cyrus D. Mehta, have filed lawsuits challenging the order’s constitutionality.
- Greg Siskind, a prominent immigration attorney, labeled the order’s unconstitutionality as “stunning,” predicting immediate court injunctions.
Impact on the Indian Diaspora:
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- With over 4.8 million Indian-Americans in the U.S., approximately 34% of whom were born in the country, the order disrupts the long-held belief that legal immigrants would remain unaffected by such policies.
- The executive order compounds challenges for families stuck in employment-linked green card backlogs spanning decades, removing a critical pathway to citizenship.
Responses and Reactions:
- Immigration experts, including Fiona McEntee and Ashwin Sharma, have criticized the executive order’s gendered language and its potential ripple effects on immigrant families.
- President Trump has emphasized his stance on tightening immigration policies, stating that this order aligns with his administration’s broader goals.
Legal Predictions and Broader Implications:
- Analysts expect the executive order to face prolonged litigation, with potential escalation to the Supreme Court, where a conservative majority could play a decisive role.
- If upheld, the order would mark a seismic shift in U.S. immigration policy, reshaping how citizenship is determined and significantly impacting immigrant communities.
Suggested Tags:
Trump executive order, birthright citizenship, legal immigrants, green card backlog, 14th Amendment, Indian diaspora, H-1B visa, U.S. immigration policy, constitutional challenges, citizenship debate.
