In a surprising move, the U.S. administration under the new President Donald Trump is considering a policy that could prevent children born in the U.S. to certain non-citizen parents from automatically becoming American citizens.
The proposed law would restrict birthright citizenship to children whose parents are not at least one U.S. citizen, green card holder, or member of the U.S. military. This will affect newborn children after the implementation of the law but will not have any impact on existing ones.
However, this change could deal a severe blow to Indian immigrants on H1B visas, many of whom are awaiting green cards.
If implemented, children born to H1B visa holders, whose parents are neither U.S. citizens nor permanent residents, would no longer be eligible for American citizenship at birth.
The policy is particularly distressing for Indian families, as Indians make up a significant portion of U.S. immigrants.
Of the 5.4 million Indians in the U.S.—1.5% of the total population—nearly two-thirds are immigrants, while 34% were born in America, according to official data.
This development has caused alarm among expectant Indian parents, especially those with spouses nearing childbirth, as they now face an uncertain future for their children’s citizenship and rights.
U.S born children automatically become citizens under the birthright citizenship principle. Once they turn 21, they can sponsor their parents for a green card as immediate relatives, which has no annual cap and is processed relatively quickly.
If children born in the U.S. to immigrant parents are no longer entitled to citizenship at birth, they cannot sponsor their parents for a green card when they turn 21. This would remove one of the faster routes for parents to obtain green cards.
Without a U.S.-citizen child to sponsor them, immigrant parents would have to rely on other pathways to obtain a green card, such as employment-based or family-sponsored categories.
These categories often have long backlogs, particularly for Indian nationals, who face decades-long waits due to country-specific caps on green cards.
If birthright citizenship is eliminated, more immigrants would likely compete for the already limited employment- and family-based green card slots, worsening the existing backlogs and further delaying green card processing for all applicants, including Indian immigrants.
