After being sworn in as the 47th President of the United States on Monday, Donald Trump signed an executive order ending ‘birthright citizenship’, a 127-year-old amendment to the Constitution that grants US nationality to children born there. Guarantees, even if neither of their parents are there. Holds it.
The order — which has already been contested in separate lawsuits filed by 22 states and a coalition of civil rights groups — was the starting shot of a flurry of laws that would dramatically change the United States’ immigration landscape. This is what Trump promised his voters.
How that scenario will change is anyone’s guess; Trump’s push would also include curbing what Republicans have called illegal immigration along the southern border, namely Mexico.
But an impact – on Indian families living in that country, especially those on temporary H1B or L1 visas, which do not grant permanent residence – is already being felt.
c-section rush
Doctors and gynecologists in the US are reporting a sudden increase in the number of pregnant Indian women seeking cesarean sections to ensure premature delivery of their babies; That is, before February 20, when Trump’s new mandate goes into effect.
The rush is because children born before that date will be granted citizenship, while children born after will not, subject to one major condition – they will only become citizens if at least one parent is already a citizen or Green. Be a card holder. If not, they move out when they turn 21.
To counter this, a report in The Times of India quotes Dr SD Roma in New Jersey as saying that most of the women lining up for cesarean are in their eighth or ninth month of pregnancy.
“A woman who was seven months pregnant came with her husband to sign up for a premature delivery. She would not be due until sometime in March,” he told the publication.
Another medical professional, Dr SG Mukkala, an obstetrician and gynecologist in Texas, said he has been counseling desperate couples about the dangers of premature birth.
“Complications include underdeveloped lungs, feeding issues, low birth weight, neurological complications and more… In the last two days I have spoken to 15-20 couples about this.”
Why panic for Indians?
At the root of this panic is the fact that Indians living in the US on H1B or L1 visas, numbering several lakhs, had expected to stay there for decades and have children who would automatically become US citizens. But now that door is slowly closing.
Read | How will Trump’s first order ending birthright citizenship affect Indians?
This won’t affect green card holders, whose children can still be born as US citizens after February 20, but the waiting list for that precious piece of paper is long, very long.
In fact, one million Indians are reportedly stuck in that queue, and there is no news as to whether or when many of those applications will be processed and that list reduced.
This will impact children of Indians on work visas, who will have to either self-deport, i.e. voluntarily return to their home nation, or apply for a visa to reside in the US.
This will further impact the entire family, as many will naturally choose to return with their children. Trump acknowledged this, saying “I don’t want to break up families”, but also declared, “The only way you don’t want that…(is) to send them all back”, suggesting that That there is no back door available.
What is birthright citizenship?
Anyone born in the United States is considered a citizen at birth.
It is derived from the citizenship clause of the 14th Amendment, which was added to the Constitution in 1868. The amendment states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States, regardless of where they reside.”
Explained. What is US birthright citizenship and can Trump end it?
There are an estimated 13–14 million immigrants living in the US illegally and their children, if born in that country, are considered US citizens.
Can Trump do this?
No president has ever attempted to redefine the rules for citizenship using executive orders.
But Trump’s attempt to make history has put him on a collision course with the Supreme Court, and if this course continues, it will be a historic decision on who can and who cannot be an American citizen.
If the courts decide to protect ‘birthright citizenship’, only an amendment can change it.
But an amendment would require approval by two-thirds of both houses and three-quarters of state legislatures, a process that would likely take years, and something Trump would be aware of.
Again, this is going to be a very long-term game, which may extend beyond his second term.
The US Constitution has not been amended since 1992.
with inputs from agencies
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