Big Win For Indian Immigrants As US Supreme Court Rejects Trump’s Birthright Citizenship Order

The US Supreme Court has struck down President Donald Trump’s attempt to restrict birthright citizenship, bringing a major respite for Indian students, professionals and other immigrant families living in the United States. 

In a 6-3 ruling, the court rejected an executive order signed by Trump on the first day of his second administration, to restrict birthright citizenship, preserving the constitutional protection for children born on American soil.’ The order sought to end automatic birthright citizenship for children born in the United States to parents who were in the country illegally or were visiting temporarily as tourists.

The decision ensures that the long-standing constitutional guarantee of birthright citizenship remains in place, providing reassurance to immigrant families, including thousands of Indians living and working in the US on temporary visas.

Relief for H-1B Visa Holders and Indian Families

The ruling carries major significance for the Indian American community, one of the fastest-growing immigrant populations in the United States. Hundreds of thousands of Indians live and work in the country on H-1B, L-1 intra-company transfer and F-1 student visas.

More than one million Indians remain in the employment-based green card backlog, making immigration and citizenship policies a matter of deep concern for thousands of families.

The Supreme Court’s decision ensures that children born in the United States to Indian parents on H-1B and other temporary visas will continue to receive automatic US citizenship. It also applies to children born to undocumented Indian immigrants in the country.

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Millions of Indians Stand to Benefit

Data shows that around 3.2 million documented Indian immigrants live in the United States, making them the country’s second-largest immigrant community.

Indians also form the third-largest undocumented immigrant population in the US after migrants from Mexico and El Salvador. An estimated 725,000 undocumented Indian immigrants currently reside in the country.

The ruling provides certainty for these families by preserving the constitutional right to birthright citizenship, regardless of their parents’ immigration status or temporary visa category.

Indian-American Leaders Welcome the Verdict

Reacting to the judgment, Chinten Patel, executive director of Indian American Impact, said the ruling reaffirmed the place of immigrant families in the United States.

“The ruling is a profound affirmation of who belongs in America. Indians and South Asian immigrant families are among those most directly threatened by Trump’s executive order,” Patel told news agency IANS.

Referring to the decades-long green card backlog faced by many Indians on H-1B visas, Patel said their children are often born in the United States long before their parents receive permanent residency. “Today the Supreme Court looked at those families and said, ‘Your children are Americans. They belong here,” he added.

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Fourteenth Amendment Reaffirmed

US Congressman Raja Krishnamoorthi also welcomed the ruling, saying it reaffirmed “a fundamental constitutional principle: every child born in the United States is an American citizen”.

He said the Fourteenth Amendment, ratified after the Civil War, guarantees equal citizenship and equal protection under the law, including birthright citizenship.

“The Supreme Court’s decision makes clear that those constitutional rights cannot be rewritten by executive order because the Constitution, not the president, governs the rights of the American people,” Krishnamoorthi said.