Trump’s New Order: No US Citizenship at Birth for H-1B Holders’ Children

Trump’s New Order: Donald Trump, now President of the United States for a second term, signed an executive order that aims to end birthright citizenship, a policy that has been in place for over 150 years.

If such a change is to occur, it will potentially impact children born in the US to H-1B visa holders, Green Card holders (lawful permanent residents), temporary visa holders such as those on student or visitor visas, and undocumented immigrants.

Such a move will discourage many Indian professionals, students, and families from seeking opportunities in the US, opting for countries like Canada or Australia instead.

Also Read: People of Delhi Know AAP Is Fighting for Them: Atishi to HT

Under the new policy, children born in the US will no longer be recognised as citizens if their father is not a US citizen or lawful permanent resident, and their mother is either in the country illegally or present on a temporary visa, such as a student, work, or tourist visa.

This provision was enacted in 1868 and was designed to extend citizenship to all persons born in the US. The new order would deny US citizenship, including passports, to those children born in the US starting 30 days from now, if at least one parent isn’t an American citizen.

If there is a change in policy in line with Trump’s order, children born to Indian nationals who are on temporary work visas (like the H-1B visa) or waiting for the Green Card would no longer automatically acquire US citizenship.

This will impact hundreds of thousands of children born to Indian immigrants in the US each year, and put families in jeopardy, say immigration experts based in India.

Also Read: Stargate: OpenAI & SoftBank Unveil $500B AI Data Center Network in US, Thousands of Jobs Expected

Trump’s push to end birthright citizenship has been framed as part of a broader effort to reduce illegal immigration and curb “birth tourism” — a term used to describe the practice of women traveling to the U.S. specifically to give birth so their children can claim U.S. citizenship.

Trump has argued that this system is being exploited, particularly by nationals of countries with high levels of immigration to the U.S., including India and China. The executive order effectively revokes the automatic citizenship granted to children born to parents who are on temporary work visas (like H-1B) or those awaiting green cards.

In one of his most radical executive orders issued on the first day of his second term, titled “Protecting the Meaning and Value of American Citizenship”, Trump said the Constitution was never interpreted to universally extend citizenship to all those born in the US.

Trump based his decision on an interpretation of the Fourteenth Amendment that critics, legal experts and civil liberties organisations claim will not hold in court. The amendment states, “All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Trump, in his executive order, picked on the phrase “subject to the jurisdiction thereof” to claim that those born in US but not subject to US jurisdiction were thus not eligible for US citizenship.

Also Read: JEE Mains 2025 Live Updates: Day 1, Session 1 Exam Begins – Paper Analysis After 12 PM