Trump Scraps Birthright Citizenship for US-born Kids of Immigrants; It will Mostly Affect H1B and H4 Visa Holders

Is the US President above the law? Could he scrape off a constitutional guarantee to those born on the American soil? Is it legal for the President to violate or deny a constitutional amendment? Is an executive order above the Constitution?

These questions are making waves on the international fore, as Donald Trump signed an executive order to end birthright citizenship for the US-born children of immigrants, right after he took oath as 47^th President of America. This is part of Trump’s hardline immigration policies which could not take shape during his first term in the White House’s Oval Office. In USA, birthright citizenship is a 150-year-old constitutional principle that says, “All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States.”

“We’re the only country in the world where a person comes in, has a baby, and the baby is essentially a citizen of the United States for 85 years with all of those benefits. It’s ridiculous. It has to end…” Trump said rhetorically during his election campaigns promising to tighten the noose around immigration, while seemingly unaware of the fact that America is one of the 30 countries (including Canada) offering birthright citizenship, according to the Center for Immigration Studies.

The US Constitution was amended 150 years ago (the 14^th Amendment in 1868) to include and protect the right to citizenship for those born or naturalized on the American soil. But President Trump’s executive order expounded the argument, “The 14th Amendment has never been interpreted to extend citizenship universally to everyone born within the United States…”

Who will be affected by Trump’s order to end birthright citizenship?

The Trump order eliminating birthday citizenship will affect not only undocumented immigrants, but also legal non-immigrants including H1B, H4, B2, F1, F2, L1, L2 and other visa holders. Undeniably, a majority of legal non-immigrant visa holders in the US are Indians.

As per the presidential order briefing, kids born after 30 days from the date of the order issued shall not be granted US citizenship if their fathers are neither US citizens nor lawful permanent residents, and if their mothers are lawfully but temporarily present in the US, like on a tourist or student visa. President Trump has already directed federal agencies not to issue American passports for and not to accept US citizenship documents issued by state governments for those kids.

The presidential order further states “the privilege of US citizenship does not automatically extend to persons born in the United States when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.”

It is evident from the above that Trump’s executive order to end US birthright citizenship may also affect Indian families stuck in the Green Card backlog, as they are neither lawful permanent residents nor US citizens. Uncertainty looms large over the future of the US-born kids of a million Indians stuck in the Green Card backlog, which is being anticipated to have nearly 22 lakh Indians holding various US work visas by the year 2030.

President Trump’s plan to erase the birthright citizenship guarantee in the 14^th Amendment of the US Constitution has split up the nation into two different hemispheres; one supporting the POTUS, with their immovable faith in his vision, and the other condemning his plan as a ‘blatantly unconstitutional attempt to sow division’, thereby encouraging hate crimes against immigrants in the US.

Even Trump’s defenders, who are collectively referred to as immigration hardliners, are divided in opinion. One group of them finds birthright citizenship a ‘great magnet for illegal immigration in the USA’, while the other group has thumbed down the executive order to end birthright citizenship for the US-born children of immigrants. Notably, the American Civil Liberties Union has denounced Donald Trump’s interpretation of the 14^th Amendment of the US Constitution.

Interestingly, a survey in 2015 by the Pew Research Center found that 37% of Americans questioned the relevance of birthright citizenship, before Trump rose to the presidential power. The number of babies born to undocumented immigrants meteorically rose to a whopping 370,000 in 2016, according to the Pew Research Center. The antagonists of birthright citizenship sarcastically call those babies ‘anchor babies’.

Nearly 200,000 Indian American children from a Microsoft engineer to ‘DALCA Kids’ (Deferred Action for Legal Childhood Arrivals) are caught up in the turbulence of immigration in the Trump regime. President Trump’s plan to end birthright citizenship may shatter the ecosystem of US immigration, according to legal scholars.