After he was sworn in as the 47th President of the United States Monday, Donald Trump signed an executive order ending ‘birthright citizenship’, a 127-year-old amendment to the Constitution that guarantees American nationality to children born there, even if neither parent holds it.
The order – which has already been contested, in separate lawsuits filed by a coalition of 22 states and civil rights groups – was the opening shot in what will likely be a flurry of laws that will alter, dramatically, the United States’ immigration landscape, which was what Trump promised his voters.
Just how that landscape will change is anybody’s guess; Trump’s flurry will also include a clampdown on what the Republican has said as illegal immigration along the southern border, i.e., with Mexico.
But one impact – on Indian families living in that country, specifically those on temporary H1B or L1 visas, which do not grant permanent residency – is already being felt.
The C-Section Rush
Doctors and gynaecologists in the US are reporting a sudden increase in the number of pregnant Indian women, on such visas, asking for a caesarean, to ensure pre-term delivery of their children; i.e., before February 20, which is when Trump’s new mandate goes into effect.
The rush is because children born before that date will be granted citizenship, while those born after will not, subject to one big condition – they will only become citizens if at least one parent is already a citizen or a Green Card holder. If not, then out they go, when they turn 21.
To beat that, a report by The Times of India quoted Dr SD Roma in New Jersey as saying the majority of women lining up for a caesarean are in their eighth or ninth month of pregnancy.
“A seven-month pregnant woman came, with her husband, to sign up for a pre-term delivery. She isn’t due until sometime in March,” she told the publication.
Another medical professional, Dr SG Mukkala, an obstetrician and gynaecologist in Texas, said he has been advising similarly desperate couples of the dangers of a pre-term birth.
“Complications include underdeveloped lungs, feeding problems, low birth weight, neurological complications, and more… in the past two days I have spoken to 15-20 couples about this.”
Why The Panic For Indians?
At the heart of this panic is the fact that Indians in the US on H1B or L1 visas, of whom there are several lakhs, had anticipated being able to reside there for decades and have children, who would automatically become American citizens. But now that door is slowly swinging shut.
READ | How Trump’s Day 1 Order To End Birthright Citizenship Will Impact Indians
This won’t impact Green Card holders, whose children can still, even after Feb 20, be born as American citizens, but the waiting list for that oh-so valuable piece of paper is long, very long.
In fact, a million Indians are reportedly stuck in that queue, and there is no new about if, or when, many of those applications will be processed and that list reduce.
What it will impact is the children of Indians living on work visas, who will either have to self-deport, i.e., voluntarily return to their home nation, or apply for a visa to remain in the US.
What it will further impact is the entire family, since many will, naturally, elect to return with their children. Trump has acknowledged this, saying, “I don’t want to break up families”, but also declaring, “The only way you don’t… (is by) sending them all back”, suggesting there is no backdoor available.
What Is Birthright Citizenship?
Anyone born in the US is considered a citizen at birth.
This derives from the Citizenship Clause of the 14th Amendment, which was added to the Constitution in 1868. The amendment states: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
EXPLAINED | What Is US Birthright Citizenship And Can Trump End It
There are an estimated 13-14 million immigrants living, illegally, in the US, and their children, if born in that country, are considered American citizens.
Can Trump Do This?
No president has ever tried to redefine the rules of citizenship using executive orders.
But Trump’s attempt to make history has put him on a collision course with the Supreme Court and, if that course holds, a landmark decision on who can, and who cannot, be an American citizen.
If courts decide to protect ‘birthright citizenship’, then only an amendment can change that.
But an amendment would require two-thirds of both houses and approval by three-quarters of state legislatures, a process that will likely take years, and that is something of which Trump will be aware.
This, then, is set to be a very long-term game, one that might extend beyond his second term.
The American Constitution has not been amended since 1992.
With input from agencies
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