Trump’s new order: No birthright citizenship for H-1B holder’s kids in US

President Donald Trump announced a major shift in U.S. citizenship policy. Under his new executive order, children born in the U.S. will only gain citizenship if at least one parent is an American citizen or a green card holder. This move ends automatic citizenship for all children born on U.S. soil, a practice upheld throughout much of the nation’s history. The policy takes effect on February 20, barring court intervention.

This order impacts individuals on temporary visas, including work visas (H-1B, L1), dependent visas (H4), student visas (F1), academic visas (J1), and tourist visas (B1, B2). Millions of Indian-origin individuals, including hundreds of thousands on H-1B visas, will face significant consequences. The executive order sparked immediate legal challenges in New Hampshire and Massachusetts, raising questions about its constitutionality.

Trump’s order, titled “Protecting the Meaning and Value of American Citizenship,” argues that the Fourteenth Amendment does not guarantee citizenship to everyone born in the U.S. He cited the phrase “subject to the jurisdiction thereof” as excluding children born to parents without permanent legal status. The order specifies two categories: children born to undocumented mothers and children born to parents lawfully present on temporary visas.

The president directed federal agencies, including the Department of Homeland Security and the State Department, to enforce this policy. Legal experts, however, view this interpretation as flawed. The Fourteenth Amendment explicitly grants citizenship to anyone born on U.S. soil, regardless of parental status. Critics, including the American Civil Liberties Union (ACLU), call the move unconstitutional and racially motivated.

The ACLU filed a legal challenge, labeling the order an attack on fundamental rights. They argued the Fourteenth Amendment’s purpose was to ensure equal citizenship for all born in the U.S., regardless of race or parentage. This amendment, enacted after the Civil War, overturned the infamous Dred Scott v. Sandford decision, which denied citizenship to children of slaves.

The ACLU warned the new policy could create stateless individuals, deprive children of basic rights, and lead to racial profiling and bureaucratic chaos. The decision coincides with controversies within Trump’s administration over immigration policy. Recently, far-right Trump supporters criticized the H-1B visa program, accusing it of displacing American workers.

While Trump defended the program under pressure from tech leaders like Elon Musk, the administration’s stance on legal migration remains divided. Hardline advisors, including Stephen Miller, continue to push for stricter immigration measures.

Experts see this order as a dramatic reinterpretation of the Fourteenth Amendment. Milan Vaishnav of the Carnegie Endowment for International Peace noted its sweeping implications for legal immigrants, especially Indian nationals awaiting green cards. He emphasized its potential to disrupt lives and create uncertainty for thousands.

Trump’s order represents a broader shift in U.S. immigration policy, targeting not only undocumented immigrants but also those legally present. By redefining citizenship, the administration risks eroding long-standing constitutional protections and sparking widespread social and legal repercussions. With legal challenges underway, the fate of this policy remains uncertain.