US Birthright Citizenship: What is Donald Trump’s order? What happens to children of H1-B visa holders? Explained

US Birthright Citizenship: The US President Donald Trump on Monday signed an executive order to end birthright citizenship in the US. The order states that a child born in the U.S. will not be granted American citizenship automatically unless at least one parent is a U.S. citizen or a green card holder.

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What is birthright citizenship?

As per the current law, the 14th Amendment to the US Constitution — adopted in 1868 after the Civil War to clarify the status of formerly enslaved people — has long been read as giving citizenship to nearly all babies born on US soil. The US is among about 30 countries where birthright citizenship -- the principle of jus soli or "right of the soil" -- is applied.

What will the new order do?

The order signed by Donald Trump on Monday will ensure that children born in the US—without at least one parent who is a citizen or lawful permanent resident—are no longer extended automatic US citizenship. It also stops federal agencies from issuing or recognising relevant documentation proving US citizenship for such children. The order targets children born to both unauthorised immigrants and people who are legally in the US on temporary visas.

Who will be affected? What will happen to children of H1-B visa holders?

People who are legally in the country, such as tourists, students, and those on temporary work visas (like H-1B) will be affected. The law is also expected to affect more than a million Indians currently in line for green cards.

According to 2024 reports citing the US Citizenship and Immigration Services, more than a million Indians are awaiting  green cards.

According to TOI report, Trump's executive order ending birthright citizenship for children of H1B visa holders will impact their future. Without automatic citizenship, these children may lose access to in-state tuition, scholarships, and federal aid, potentially forcing many to abandon their college dreams.

What does expert in the US say on Birthright Citizenship?

Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council told AFP that 14th Amendment was "crystal clear," and muddying the waters would have implications for people well beyond the babies born to illegal immigrants. "All you needed before was a birth certificate proving you were born here... now, you'd have to show extensive documentation of your ancestry and your parents' citizenship. That makes everybody's life harder," he told AFP.

Connecticut Attorney General William Tong, a U.S. citizen by birthright and the nation’s first Chinese American elected attorney general, said the lawsuit was personal for him. “The 14th Amendment says what it means, and it means what it says —- if you are born on American soil, you are an American. Period. Full stop,” he told AFP.