NEW DELHI: South Asians, including Indian immigrant expecting parents are in limbo over their kid’s nationality after US President Donald Trump declared a rule that would deny automatic US citizenship to kids born to temporary foreign workers.
US citizenship is highly sought after, particularly by skilled H-1B visa holders, with Indians forming the second-largest immigrant group in the country.
Trump’s order has faced legal challenges as a third federal judge on Monday blocked the order seeking to end birthright citizenship for children of undocumented immigrants. This came after similar decisions by judges in Seattle and Maryland last week.
‘Our baby deserves US citizenship’
Akshay and Neha, expecting Indian immigrant parents, who are set to welcome their first child on February 26, expressed uncertainty over their kid’s nationality and even considered preponing the delivery date.
“This impacts us directly. If the order takes effect, we don’t know what comes next – it’s uncharted territory,” said expecting father Akshay, as reported by BBC.
The couple had also sought their doctor’s advice on the possibility of an early delivery. However, they have decided to wait.
“I want the natural process to take its course,” the would-be mother Neha said.
“My priority is a safe delivery and my wife’s health. Citizenship comes second,” Akshay added.
Another expecting mother Priyanshi Jajoo has sought clarity saying, “Do we need to contact the Indian consulate for a passport? Which visa applies? There’s no information online.”
‘If enforced, none of US-born kid would get citizenship’
Immigration policy analyst Sneha Puri warned that if the Donald Trump’s policy was enforced, none of US-born children would get citizenship.
“If enforced, none of their future US-born children would get citizenship,” she told BBC.
Trump’s executive order clarifies that it does not impact the ability of children of lawful permanent residents to obtain US citizenship documentation.
However, Indians in the US face the longest wait for green cards, which grant lawful permanent residency. Under current US rules, no single country can receive more than 7% of the total green cards issued annually.
Despite making up 72% of H-1B visa recipients each year, Indians account for 62% of the employment-based green card backlog—1.1 million people as of 2023, according to the Cato Institute. Those receiving employment-based green cards today initially applied in 2012.