Right after Donald Trump’s second inauguration as president on Monday, he signed various executive orders including an executive order aiming to terminate birthright citizenship in the United States. This order seeks to deny automatic citizenship to children born on U.S. soil unless at least one parent is a U.S. citizen or lawful permanent resident.
While the executive order on birthright citizenship signed by President Trump has not yet taken effect and is unlikely to be implemented immediately as such an order is expected to face legal challenges based on its potential conflict with the 14th Amendment, which guarantees citizenship to all individuals born on U.S. soil.
International students and workers have been worrying about how this executive order might affect their future in the country.
READ: Trump acts fast to curb immigration, end diversity programs (January 21, 2025)
One user on X wrote, “Indians on H1b visa will not get green card ever and their children born here will not be US citizens. So, bad news for Indians who want to settle in the US.” While false, the comments have sparked debate in the responses.
Another user wrote in response, “True, it’s tough news for Indians dreaming of settling in the US. But maybe it’s a sign to channel that ambition into building something big back home. India’s booming with opportunities now!”
Some users shared panicked responses while others tried to correct the misinformation that has been circulating since Trump’s decision. So, what is the truth?
Impact on visa holders
The executive order’s stipulation that a parent must be a U.S. citizen or lawful permanent resident excludes children born to parents who are in the U.S. on temporary visas, such as H-1B work or F-1/J-1 student visas, from obtaining automatic citizenship. This change would significantly affect families of foreign nationals residing legally in the country under non-immigrant visa categories.
Legal experts widely contend that birthright citizenship is enshrined in the 14th Amendment of the U.S. Constitution, which grants citizenship to all individuals born in the country. Consequently, this executive order is expected to face immediate legal challenges questioning its constitutionality.
Immigrants’ rights advocacy groups sue Trump
Immigrants’ rights advocates filed the first legal challenge to President Donald Trump’s executive order ending birthright citizenship. The lawsuit, submitted to a U.S. district court in New Hampshire, involves a coalition of groups including the American Civil Liberties Union (ACLU), Asian Law Caucus, and State Democracy Defenders Fund.
“Denying citizenship to U.S.-born children is not only unconstitutional — it’s also a reckless and ruthless repudiation of American values. Birthright citizenship is part of what makes the United States the strong and dynamic nation that it is. This order seeks to repeat one of the gravest errors in American history, by creating a permanent subclass of people born in the U.S. who are denied full rights as Americans. We will not let this attack on newborns and future generations of Americans go unchallenged. The Trump administration’s overreach is so egregious that we are confident we will ultimately prevail,” said Anthony D. Romero, executive director of the American Civil Liberties Union in a statement.
The case is backed by 26 attorneys from organizations such as the ACLU, NAACP Legal Defense and Educational Fund, and State Democracy Defenders Fund. Plaintiffs include the New Hampshire Indonesian Community Support, League of United Latin American Citizens, and Make the Road New York, among others.
The principle of birthright citizenship has been a longstanding interpretation of the 14th Amendment, reinforced by the 1898 Supreme Court decision in United States v. Wong Kim Ark, which affirmed citizenship for individuals born in the U.S. regardless of their parents’ nationality.
READ: Donald and Melania Trump meme coins plunge post Inauguration Day (January 21, 2025)
Since constitutional amendments hold supreme authority in the U.S. legal framework, the courts will likely evaluate the order’s validity before it can be enforced. Historically, efforts to reinterpret birthright citizenship have been met with judicial scrutiny, suggesting that the final outcome may take months or even years to resolve.
President Trump’s executive order represents a significant shift in U.S. immigration policy, particularly affecting children born to non-citizen parents, including those on temporary visas. The order’s implementation is poised to be delayed pending judicial review, as courts assess its alignment with constitutional provisions.