Indian-American lawmakers have opposed an executive order by US President Donald Trump that proposes changes to birthright citizenship. This move could affect not just illegal immigrants from around the world, but also students and professionals from India. On Monday, at the start of his second term as president, Trump signed an order stating that future children born to undocumented immigrants would no longer automatically be granted citizenship. 

This rule would also apply to children born to mothers who are legally in the country temporarily, like foreign students or tourists. Trump's executive order claims that the children of noncitizens are not under the authority of the United States, so they do not receive the protection of the 14th Amendment's long-standing constitutional guarantee.

According to Indian-American Congressman Ro Khanna, the executive order's modifications to birthright citizenship will affect both newborns of undocumented and illegal immigrants as well as those who are lawfully residing in the nation on H-1B visas. The H-1B visa is a temporary visa that lets US companies hire foreign workers for jobs that need specialised knowledge or skills. 

Technology companies rely on this visa to bring in thousands of employees from countries like India and China every year. Trump's order denies birthright citizenship to children born in the United States to "lawful" immigrants who are temporarily in the country on a business, H1B, or H2B visa as well as to undocumented parents. Khanna remarked, "So much for the pretence that the Republicans are in favour of legal immigration." Indians are the main recipients of H-1B visas, which bring top talent from around the world. Highly skilled professionals from India receive most of the 65,000 H-1B visas allocated each year, with an additional 20,000 for those who have earned higher education degrees from U.S. institutions. Regardless of what Donald Trump says or does, birthright citizenship will remain the law.

Indian-American Congressman Shri Thanedar has stated that he will fight to protect it at all costs. Indian-American Congresswoman Pramila Jayapal called it unconstitutional. This is unconstitutional and cannot be implemented with just a simple executive order. If carried out, it would undermine our country's laws and the principles established in the Constitution, she stated. A group of immigration rights organisations has taken this matter to court, arguing that it is unconstitutional.

According to the executive order, starting February 19, 2025, the US will no longer automatically grant citizenship to newborn babies if one of the parents is not a US citizen or legal permanent resident. Additionally, attorneys general from 22 states have filed lawsuits against President Trump in two federal district courts on Tuesday to block the executive order that would deny US citizenship to children born in the country to unauthorised immigrants, as reported by the New York Times. The order was challenged in the Federal District Court in Massachusetts by 18 states and two cities, San Francisco and Washington, DC. 

The states argued that the 14th Amendment automatically grants birthright citizenship and that neither the president nor Congress has the constitutional power to change the order. Four other states have filed a second lawsuit in the Western District of Washington. The states are asking for immediate action to stop the President's Order from taking effect, requesting both a Temporary Restraining Order and a Preliminary Injunction. New Jersey Attorney General Matthew Platkin stated that President Trump's attempt to end birthright citizenship on his own is a clear violation of the Constitution. "The President's executive order attempting to rescind birthright citizenship is blatantly unconstitutional and quite frankly, un-American,” said California Attorney General Rob Bonta. 

In a statement, Biden White House Commissioner and Democratic Party Deputy National Finance Chair Ajay Bhutoria stated that the 14th Amendment cannot be negotiated. “This executive order is not only unconstitutional but also undermines the values of equality and justice that define America," he said.

Bhutoria called on South Asian and other immigrant communities to come together and oppose policies that undermine the core values of the Constitution. "We must work together to ensure that these divisive and unconstitutional actions do not succeed," he said.