Can Donald Trump kill birthright citizenship? What Indians stand to lose as US court weighs in

Donald Trump has taken his fight to restrict automatic U.S. birthright citizenship to the Supreme Court, asking the justices to narrow the judicial blocks placed on his controversial order. The Justice Department on Thursday challenged three nationwide injunctions issued by federal courts in Washington, Massachusetts, and Maryland—moving the legal battle to the country’s highest court.

Trump’s executive order, signed on January 20 during his return to office, directs federal agencies to deny U.S. citizenship to children born on American soil unless at least one parent is a U.S. citizen or lawful permanent resident. Although the policy was scheduled to take effect on February 19, it remains blocked nationwide following lawsuits by Democratic attorneys general, immigrant rights groups, and expectant mothers.

Plaintiffs argue that Trump's order violates the 14th Amendment of the U.S. Constitution, which guarantees citizenship to anyone born in the United States. The amendment’s citizenship clause clearly states that 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."

However, the administration contends that the 14th Amendment has been misapplied for decades, arguing it does not extend to children of undocumented immigrants or those born to temporary visa holders, including students and workers.

The Supreme Court, now holding a 6-3 conservative majority with three Trump-appointed justices, will be central to determining the future of birthright citizenship.

Why are Indians tense?

If enforced, Trump’s order would have far-reaching consequences for Indian families in the U.S. Children born to Indian parents on temporary visas like H-1B or student visas would no longer receive automatic citizenship. This could affect hundreds of thousands of Indian immigrants, many of whom already face years-long green card backlogs.

The move also threatens family reunification, as U.S.-born children without citizenship could not petition for their parents’ legal status upon turning 21, potentially leading to long-term separations. Legal experts argue that overturning birthright citizenship would require a constitutional amendment—an arduous process needing a two-thirds majority in Congress and ratification by three-fourths of U.S. states.

Meanwhile, lawsuits led by the American Civil Liberties Union (ACLU) and other groups continue to challenge the order, highlighting its potential to create a "legal limbo" for children born under the new policy. Families also face risks of losing access to in-state tuition, federal aid, and U.S. passports for their children.

The uncertainty could deter Indian professionals and students from choosing the U.S. as a destination, potentially shifting migration to countries like Canada or Australia. With Indians contributing significantly to the U.S. tech, healthcare, and education sectors, the policy could disrupt industries that rely on skilled immigrant talent.