New Delhi: President Donald Trump’s executive order striking down birthright citizenship for those born to parents on temporary visas has caused even more uncertainty for Indian immigrants in the US.
And within hours of Trump signing the executive order, the Indian diaspora swung into action.
Indian-American members of Congress including Ro Khanna, Pramila Jayapal and Shri Thanedar, have already called the attack on birthright citizenship “unconstitutional”.
Immigration groups like the Asian Law Caucus, headed by Aarti Kohli, have filed federal lawsuits against the order. Other community groups have already begun putting legal guides together for Indian immigrants, being shared across social media and WhatsApp.
Many Indians on temporary visas are reconsidering their futures—those pregnant want preterm deliveries, while others in the diaspora hold their breath to see how the executive order plays out.
“It’s possible that several thousands of Indian diaspora could be affected by the executive order on birthright citizenship. However, one needs to be circumspect rather than definitive at this stage,” cautioned Sanjeev Joshipura, executive director of Indiaspora, a San Francisco-based nonprofit that provides a platform for community engagement within the Indian diaspora. “Many states in America have filed a lawsuit against the executive order. This is a messy issue that will make its way through the judicial process before being resolved,” he added.
The executive order affects both undocumented immigrants and immigrants on temporary visas, presenting a huge obstacle in the path to a green card and permanent residency. With the backlog for green cards now stretching almost a century, birthright citizenship was a safety net for many Indians in the US. Parents of children born as US citizens were considered “immediate relatives”, who could apply for a green card right away.
“Birthright citizenship is integral to the American dream,” said Sudhanshu Kaushik, executive director of the North American Association of Indian Students. “I believe that even if it’s struck down, your constitutional right is up for grabs—and the uncertainty this has brought lowers the morale of people that are hopeful of coming into the United States.”
Also read: Trump decision on US birthright citizenship could make Indians rethink immigration plans
Confusion and chaos
The immigration confusion has led to a race against time.
A 31-year-old Indian immigrant in New Jersey, who requested anonymity, said the executive order added more uncertainty to an already uncertain life as an immigrant on an H-1B visa. He is in the green card pipeline, having renewed his H-1B once already. An Indian couple he’s friends with—on H-1B and H-4 visas—are due to have a child in March, and are apparently weighing their options on whether a preterm birth was possible.
“I am torn between waiting and watching, and making alternate plans,” he said. “I hope my friends’ child is born before the deadline so their future at least looks clearer.”
There have been reports of Indian couples on temporary visas exploring the possibility of preterm births to beat the February 20 deadline.
One Indian obstetrician at a maternity clinic in New Jersey told The Times of India there’s been an “unusually high number of requests for preterm delivery,” especially from Indian women in their eighth or ninth month of pregnancy, for c-sections that can be scheduled before 20 February.
Health risks involved in preterm delivery signal just how desperate immigrants are to keep their families intact and stay in the US. Indian immigrants in the US already have to compete in a larger pool for both jobs and visa opportunities owing to the sheer number of Indians. Indians are by far the biggest beneficiaries of the H-1B visa.
In 2023, Indians accounted for almost 75 percent of the 386,000 H-1B visas granted that year, according to official data. Being able to fast-forward the gruelling visa renewal process—especially after settling down in the US and paying taxes for years—is a route that many Indians therefore take.
Indian students in the US who were planning to continue living and working in the US also said the executive order threw another spanner in the works. “The visa process as an international student is already very confusing and intimidating,” said one married Indian graduate pursuing masters in New York.
Adding, “There are already zero guarantees that I’ll be able to continue living and working here so that I can pay back my student loan—now this creates a lot more anxiety for the community as a whole.”
Indian international students contribute about $70 billion to American universities and higher education institutions a year, said Kaushik. And taxpaying Indians living in the US are also just doing their due diligence as residents.
Prompting some rethinking
Trump’s messaging over the H-1B is also muddying the waters. A day after signing the executive order, Trump reiterated his support for the H-1B programme at the White House.
“I like both sides of the argument, but I also like very competent people coming into our country, even if that involves them training and helping other people who may not have the qualifications they do. But I don’t want to stop—and I’m not just talking about engineers, I’m talking about people at all levels,” said Trump.
He went on to list “maitre d’, wine experts, even waiters, high-quality waiters” as workers who use the H-1B programme. Waiters don’t technically fall into the H-1B category, which is for graduate-level workers in specialised fields. Waiters would technically fall into the category for H-2B visas, used for seasonal workers in the nonagricultural sector.
The confused messaging also points to how complicated and convoluted the American immigration system is. It’s also why many in the diaspora are waiting for further clarity, hopeful that the executive order won’t be too disruptive. Kohli, executive director of the Asian Law Caucus, has already put together a rapid response team of legal experts and community advocates to assuage fears and provide accurate legal information and advice.
Many Indians moving to the US invest huge financial resources, and hope to recoup the loss by living and working in the US. Many immigrants are used to the grind of renewing their temporary visas every few years in the hope that their children can be US citizens and grow up there. But now, with that promise in jeopardy, many Indians on temporary visas trying to become permanent residents in the US are rethinking their futures.
“Is it worth it to stay in a country that obviously is unfamiliar, but is also now not giving you the certainty that your children will be able to peacefully live here?” asked Kaushik. “What is that for? Why is that for? That’s the question that I believe a lot of students, young professionals, and adults are going to be asking.”
(Edited by Tikli Basu)
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The Indian diaspora in the USA must realise that the party is over. For long, they have used and abused the immigration and naturalisation procedures of the US. Now, the Americans will no longer tolerate such misconduct.
Also, Trump must immediately rescind the Presidential decree by Obama which allowed spouses of H1B visa holders to work in US.
The US must restrict immigration to the very best and brightest in the world through the H1B visa. Dependents of an H1B visa must not be allowed to work or gain citizenship in the country.
Wow some of these Indians are really sick in the head. They are willing to jeopardize the health of their unborn child just so they can stay in the US. So essentially that child is just a vehicle for economic and social advancement. I’m sure that child will grow up to be a normally functioning human being in those households.