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Posted 25 Jan 2025

2 min read

The executive order, titled “Protecting the Meaning and Value of American Citizenship,” revokes birthright citizenship, regardless of their parents’ immigration status.

About Birthright Citizenship in the US

  • Definition: Birthright citizenship is a provision under the 14th Amendment (1868) of the US constitution that grants automatic citizenship to anyone born on US soil.
  • Historical Context: Upheld by the US Supreme Court in United States v. Wong Kim Ark (1898), even for children of non-citizen parents.

Implications for India with End of U.S. Birthright Citizenship

  • H-1B Visa Holders: Children born to Indian professionals on H-1B visas, or those awaiting Green Cards (allows a person to live and work in US permanently), will no longer qualify for automatic citizenship.
    • H-1B Visa: A temporary visa that lets employers hire foreign professionals for jobs requiring a bachelor’s degree.
  • Temporary Visa Holders: Indian students (one of the largest groups of international students) and families on temporary visas will face difficulties securing citizenship for their US-born children.
  • Impact on Immigration: The policy would discourage Indian professionals, students, etc, from migrating to the US, pushing them toward immigration-friendly countries like Canada and Australia.
  • Curb “Birth Tourism”: A practice of women traveling to the US specifically to give birth so their children can claim citizenship. 
  • Tags :
  • Citizenship
  • US Citizenship
  • H-1B Visa
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