New Delhi: US President Donald Trump’s proposed executive order to eliminate birthright citizenship for children born to temporary visa holders has sent shockwaves across immigrant communities, particularly among Indians residing in the United States. Though the order is currently stalled due to legal challenges, it has left countless Indian families in a state of uncertainty, especially those eagerly anticipating the arrival of their newborns.
For Indian professionals on H-1B visas, this policy is a game-changer. The longstanding assumption that their US-born children would automatically gain citizenship has been thrown into question, leaving families grappling with the potential implications.
“This order directly impacts us,” said Akshay Pise, an Indian engineer based in San Jose, California. His wife, Neha Satpute, is expecting their child this month. “If this order comes into effect, we’re in completely uncharted territory,” he told the BBC.
The couple briefly considered inducing labor early to secure citizenship for their baby but decided against it. “I want the natural process to take its course,” Neha said, adding that her priority is a safe delivery. Akshay added, “My wife’s health and the baby’s safety come first—citizenship comes later.”
Reports of parents opting for early C-sections to ensure US citizenship have emerged, but Satheesh Kathula, president of the American Association of Physicians of Indian Origin (AAPI), strongly discouraged such measures. “Premature C-sections purely for citizenship reasons are against medical ethics and laws in the US,” he said.
The uncertainty has added significant stress for expectant parents like Priyanshi Jajoo, who is due in April. “Do we need to reach out to the Indian consulate for a passport? What visas will apply? There’s no clarity,” she said.
Immigration attorney Cyrus Mehta pointed out that US law does not offer non-immigrant status for children born to visa holders. Without birthright citizenship, children of H-1B visa holders face an uncertain legal future.
“This situation is overwhelming,” Neha Satpute expressed. “After over a decade of building our life here, we thought things would become simpler. Instead, we’re dealing with this.” Her husband added, “We’re law-abiding, tax-paying immigrants. Our child deserves US citizenship—it’s always been the law.”
Indians, being the second-largest immigrant group in the US, are among those most affected by the policy. More than five million Indians hold non-immigrant visas, and under the proposed rule, their US-born children would no longer be eligible for citizenship.
“Indians already face the longest green card backlog of any nationality,” explained Sneha Puri, an immigration policy analyst. With laws limiting green cards to 7% per country and Indians comprising 72% of H-1B visa holders annually, the backlog has ballooned to over 1.1 million applications.
David Bier, Director of Immigration at the Cato Institute, warned that new Indian applicants could face a decades-long wait, with many potentially never obtaining a green card during their lifetimes.
This proposed policy also extends to undocumented immigrants, ending citizenship rights for their US-born children, who previously had the opportunity to sponsor their parents for green cards upon turning 21.
For documented Indian families, especially those on H-1B or O visas, the looming question remains their children’s future. Frequent travel for visa stamping already comes with hurdles, and parents fear their children may face the same uncertainties.
As the debate over this controversial order continues, Indian families in the US remain in limbo, anxiously awaiting clarity on their futures.
