Donald Trump, the U.S. President-elect, is planning to end automatic citizenship for children born in the U.S. if neither parent is a citizen or a lawful permanent resident. This shift, outlined in a draft executive order posted on Trump’s official campaign site, is expected to be signed on his first day in office. Should this order come into effect, children born in the U.S. will no longer automatically qualify for U.S. citizenship unless at least one parent holds citizenship or a green card.
The Potential Impact on Indian Immigrants in the Green Card Backlog
The proposed policy change could be particularly impactful for Indians in the employment-based green card backlog. Many Indian immigrants face a significant delay in obtaining permanent residency due to backlogs in the EB-2 and EB-3 visa categories. A 2023 study from the Cato Institute estimated that the backlog could mean a wait time of up to 134 years for some, with more than one million Indians still awaiting green cards.
The delay also places future generations in jeopardy. Over 100,000 children from Indian families could face difficulties as they age out of their dependent visa status upon turning 21. Without automatic citizenship, these young adults would be forced to either self-deport or seek a new visa, such as a student visa, to stay in the U.S. This challenge compounds the existing stress on Indian families waiting for their green cards, as they could potentially see their children lose eligibility for U.S. citizenship.
Widespread Effects on Indian-Americans
According to the 2022 U.S. Census, about 4.8 million Indian-Americans live in the U.S., with 34% being U.S.-born. While many of these families may not be directly impacted, this policy could affect future generations and contribute to a sense of uncertainty within the community. Some Indian families in the backlog may be pressured to speed up their path to citizenship or face the risk that their children may no longer qualify for automatic U.S. citizenship.
What’s Next?
If enacted, the order could challenge traditional interpretations of the U.S. Constitution’s 14th Amendment, which grants citizenship to all persons born on U.S. soil. Indian-Americans and other immigrant communities will likely be watching closely as the executive order takes shape. Legal challenges could follow, questioning whether the order conflicts with long-standing U.S. citizenship laws. For now, many are bracing for a significant shift in the rights of future generations of immigrant families in America.
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