End of birthright US citizenship: What it would mean for lakhs of Indians

US President-elect Donald Trump plans to end birthright citizenship upon taking office on January 20. During an interview on NBC’s Meet the Press, Trump stated his position. “We’re going to end that because it’s ridiculous,” he said. He argued that the current policy encourages illegal immigration and “birth tourism.”

 

If implemented, this change could have profound effects, including on Indians living in the US.

 

How Indians in the US could be impacted

 

Indians living in the US would feel the effects of changes to birthright citizenship rules. Russell A Stamets, Partner at Circle of Counsels, described the broader immigration challenges to Business Standard.

 

“When you consider the web of anti-immigration efforts promised by Trump—restricting student visas, restricting H1-Bs, ending student work visa extensions, among other things—the threatened end of birthright citizenship makes emigrating, working, or remaining in the United States much more difficult and unpredictable for all immigrants, Indians included,” Stamets said.

 

He added, “That is exactly what Trump and his allies have promised, and every Trump voter supported this.”

 

What is birthright citizenship?

 

The United States is one of the few countries that grants citizenship to children born within its borders, regardless of their parents' citizenship. This practice is based on the 14th Amendment to the Constitution.

 

“It's not the practice of every country, and Trump and his supporters have argued that the system is being abused and that there should be tougher standards for becoming an American citizen,” Stamets explained.

 

Legal challenges to ending birthright citizenship

 

Ending birthright citizenship would face steep legal obstacles, experts say. Stamets noted that the right is well-established under US law.

 

"The right of birthright citizenship is well established in US law, deriving from the 14th Amendment to the Constitution and a leading judgment in a 19th-century case. It is very difficult to amend the US Constitution, but there are ways that Trump can try and restrict citizenship through executive orders and other administrative means," he said.

 

Rohitaashv Sinha, Partner at King Stubb & Kasiva, Advocates and Attorneys, explained the legal complexities to Business Standard. “The change would require either a constitutional amendment—which demands a two-thirds majority in Congress and ratification by three-fourths of the states—or a Supreme Court ruling reversing precedent. Procedural barriers, including legal challenges and public opposition, make this initiative highly contentious and difficult to implement,” Sinha said.

 

Impact on Indian families

 

As of 2024, Indian Americans number over 5.4 million, accounting for 1.47% of the US population. Approximately two-thirds are immigrants, while 34% are US-born, according to official data. Any policy change could have a considerable impact on this community due to its size.

 

Sinha outlined how this change could create uncertainty for Indian families in the US.

 

“If this policy were enforced, children born in the US to Indian parents with green cards or on H-1B visas might face significant uncertainty. These children may not automatically acquire US citizenship, potentially inheriting their parents' citizenship instead. For green card holders, this could mean pursuing naturalisation or other legal remedies to secure their child’s status,” Sinha said.

 

He continued, “For H-1B visa holders, the lack of citizenship could create immigration challenges, tying the child’s status to their parents’ visa and potentially limiting future opportunities in the US. Indians on temporary or undocumented statuses could also be severely impacted, leading to further legal and social complications.”

 

What Trump has said about birthright citizenship

 

Trump proposed using an executive order to end the practice. He earlier outlined his intentions in a 2023 campaign post, suggesting that federal agencies require at least one parent to be a US citizen or lawful permanent resident for a child to gain automatic citizenship.

 

Could Trump succeed?

 

Experts doubt Trump’s ability to end birthright citizenship through executive action. Alex Nowrasteh, vice president at the pro-immigration Cato Institute, explained why.

 

“I don’t take his statements very seriously. He has been saying things like this for almost a decade," Nowrasteh told news agency AP. "He didn’t do anything to further this agenda when he was president before.”

 

Legal challenges would almost certainly arise, particularly regarding the 14th Amendment. Any change would require Congress to pass a law or a constitutional amendment, both of which face significant hurdles.

 

“Trump usually tries to push the boundaries of law and custom to try and scare opponents and strike a favourable deal. Trump is supported by people dedicated to limiting immigration to the United States, and he has been very clear that he supports that agenda,” Stamets said.

 

“There will be serious turmoil. He is most likely to scare the heck out of people and less likely to succeed in entirely killing birthright citizenship,” he added.