New Delhi: The US Supreme Court struck down President Donald Trump’s executive order limiting birthright citizenship on 30 June. The order reaffirms that nearly all children born on American soil are US citizens under the 14th Amendment. The 6-3 ruling in Trump v. Barbara has been welcomed by Indian-American communities, who viewed the order as a direct threat to families on temporary visas, especially the many Indians on H-1B work permits.
“This is a huge win for democracy and for the Constitution,” said Padma Lakshmi, American television host and model. She had been working with the American Civil Liberties Union (ACLU) to advocate against the proposed citizenship amendments.
Chief Justice John Roberts, writing for the majority, emphasised the long-settled understanding of jus soli or “right of the soil”, the legal principle that grants citizenship by birth in the US. The decision rejected the administration’s attempt to exclude children of undocumented immigrants and those on temporary visas, such as H-1B, F-1, and L-1 holders. Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented, while Justice Amy Coney Barrett joined the majority.
“Our Constitution does not have asterisks. It does not have exceptions for who deserves to belong. Birthright citizenship is the law of this land, and today the Court reaffirmed that,” wrote Pramila Jayapal, US representative from Washington’s 7th congressional district, in a post on X.
Indians constitute a significant portion of H-1B visa recipients, with estimates suggesting over 3,00,000 Indian professionals and their families could have faced uncertainty if the order had been upheld.
“Today, the court reaffirmed what we’ve always known: We are American, and we are here to stay,” said Aarti Kohli, Executive Director of the Asian Law Caucus, in a press release put out by the ACLU. She highlighted the role of immigrants in building America, and the belonging they’ve been consistently denied.
Across social media platforms, several Indian-American citizens have expressed relief over the ruling safeguarding children of H-1B holders from legal limbo, allowing families to plan futures without fear of sudden policy shifts.
Also read: First Air India, now IndiGo—Indian airlines are cutting back on services for cheaper tickets
‘Very bad for the nation’
The reaction to the ruling has not been uniform. Supporters of the original executive order, including Trump, criticised the decision.
“I guess I have to accept it. It is the Supreme Court. I think it is very bad for our nation, we are the only nation that does it,” said Trump ahead of the ruling. Thirty-five countries across the globe offer unconditional birthright citizenship.
Conservative voices argue that broad birthright citizenship acts as a magnet for illegal immigration and places undue burdens on American taxpayers and public services.
“So the Supreme Court basically ruled that anyone, from anywhere, who came into the country by any means can have a baby in the United States and that baby is automatically an American citizen???? That’s insane,” wrote Matt Von Swol, former nuclear scientist for the US Department of Energy, in a widely shared post on X.
In their dissents, Justices Thomas, Alito, and Gorsuch advocated for a narrower reading of the 14th Amendment’s “subject to the jurisdiction thereof” clause, suggesting it should not automatically extend to children of non-citizens or temporary visitors who may owe primary allegiance elsewhere.
Regardless, the Court has upheld the Citizenship Clause of the 14th Amendment of the United States Constitution, which states:
“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.”
(Edited by Prasanna Bachchhav)