US Election 2024: Trump's Executive Order Could Change Citizenship Rules for Children Born in the US

US Election 2024: A proposed change in US immigration policy by Donald Trump could have a big impact on millions of families, especially those from India. If Trump signs the new executive order, children born in the United States may no longer automatically become US citizens if neither parent is a US citizen or permanent resident. This proposal, which Trump and his ally J.D. Vance have promised to implement on "Day 1" of Trump's next term, is raising concerns among Indian families with children in the US.

What is the proposed change?

The draft of the executive order was recently posted on Trump’s official campaign website. The order states that in the future, for a child born in the US to automatically acquire US citizenship, at least one parent must be either a US citizen or a lawful permanent resident (green card holder). This would mean that children born to foreign nationals (who are neither US citizens nor permanent residents) might no longer be able to automatically claim US citizenship just because they were born on American soil.

Why This Matters for Indian Families:

This proposal is particularly concerning for many Indian families, as there is a large number of Indian immigrants in the US. Many of these immigrants are on work or student visas and may not yet have obtained permanent resident status. According to estimates, by the first quarter of 2023, there was a backlog of more than 1 million green card applications from Indian citizens. The wait time for a green card is now over 50 years for some applicants. This backlog means that many young immigrants who came to the US for work or education might pass away before they can become citizens. Additionally, many children of immigrants who are currently waiting for citizenship could soon reach the legal age limit of 21. If they do, they may no longer be considered dependents, and without an alternative visa, they could be classified as undocumented immigrants.

Legal Concerns and Challenges

The proposal has sparked debate about its legality. According to the 14th Amendment of the US Constitution, which guarantees citizenship to all persons born in the US, no state can create laws that undermine the rights of people living in the country. This includes ensuring that children born in the US to foreign nationals are granted citizenship. Legal experts believe that Trump's executive order could face significant challenges in court, as it may violate the Constitution. However, Trump’s campaign insists that the draft order correctly interprets the 14th Amendment and would not conflict with it.

What Happens Next?

As the election approaches, it is unclear whether Trump will push forward with this executive order if he wins. If he does, the move would likely result in legal battles that could take years to resolve. For now, many immigrant families, especially those from India, are watching closely to see how this proposal develops and whether it will affect their children’s future in the US.

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