Indian nationals living in the US on temporary visas are grappling with heightened uncertainty over birthright citizenship for their newborns as a Presidential executive order faces a Supreme Court challenge in 2025.
This development, stemming from Executive Order 14160, has sparked widespread anxiety among expecting Indian parents, leading to a surge in consultations with immigration lawyers and even prompting some to consider relocating to states less impacted by the order.
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What’s Happening with Birthright Citizenship in the US?
The US has long upheld birthright citizenship under the 14th Amendment, granting automatic citizenship to anyone born on American soil, regardless of their parents’ immigration status.
However, in January 2025, President Donald Trump signed Executive Order 14160, titled “Protecting the Meaning and Value of American Citizenship,” which seeks to end this practice for children of non-citizens, including those on temporary visas like H-1B, H-4, F-1, and OPT.
The order, set to take effect on February 19, 2025, argues that the 14th Amendment does not apply to children of undocumented immigrants or temporary visa holders, claiming they are not “subject to the jurisdiction” of the US.
This executive order has been met with fierce opposition.
Multiple federal judges have issued temporary blocks, labeling it “blatantly unconstitutional,” and the issue is now awaiting a Supreme Court decision.
The court’s deliberations, which began on May 15, 2025, are primarily focused on the scope of nationwide injunctions rather than the order’s constitutionality, leaving the future of birthright citizenship in limbo.
For Indian families, this uncertainty has created a ripple effect of anxiety, particularly for those expecting children in the coming months.
Why Indian Families Are Particularly Affected
Indian nationals form a significant portion of the US temporary visa population, with over 5 million holding non-immigrant visas, according to recent estimates.
They dominate the H-1B visa program, comprising 72% of recipients annually, and face some of the longest green card backlogs, often waiting decades for permanent residency due to per-country caps.
Historically, birthright citizenship has been a safety net for these families, ensuring that children born in the US can secure citizenship and, eventually, sponsor their parents for permanent residency.
The potential end of birthright citizenship threatens this pathway, leaving children of Indian parents on temporary visas in a legal gray area.
Immigration lawyers report a “continuous flow of inquiries” from Indian nationals since the executive order was announced.
Expecting parents on H-1B, H-4, F-1, and OPT visas are flooding attorney offices, seeking clarity on their newborns’ status.
As one lawyer noted, “The scenario for Indian nationals on temporary visas expecting children in the US is quite uncertain.
Depending on the jurisdiction, children born in the US may or may not automatically acquire citizenship.”
The Emotional Toll on Expecting Indian Parents
The uncertainty surrounding birthright citizenship has taken a significant emotional toll on Indian families.
For many, the US has been a land of opportunity, where they have built careers and lives over decades.
The prospect of their children being denied citizenship—a right they once took for granted—has led to widespread anxiety.
One immigration attorney described the executive order as “egregious,” stating, “For some parents, it’s devastating because to have a child in the US after decades of living here and not have them be a US citizen is ridiculous.”
Expectant parents like Priyanshi Jajoo, a San Jose resident due in April 2025, are left searching for answers.
“Do we need to contact the Indian consulate for a passport?
Which visa applies?
There’s no information online,” she shared.
Others, like Akshay and Neha, a couple expecting their child soon, are considering drastic measures such as early delivery to ensure their baby is born before any policy changes take effect.
The looming uncertainty has added an extra layer of stress to an already challenging time, with Neha noting, “Pregnancy is stressful enough, but we thought after a decade here it would get easier—then this happens on top of everything.”
Legal Challenges and the Supreme Court’s Role
The legal battle over birthright citizenship is far from over.
The executive order has faced multiple lawsuits from immigrant rights advocates, including the American Civil Liberties Union (ACLU), and Democratic attorneys general from 22 states.
These groups argue that the order violates the 14th Amendment, which has been upheld for over a century through landmark Supreme Court decisions like United States v. Wong Kim Ark (1898).
This ruling affirmed that children born in the US to non-citizen parents are entitled to citizenship, a precedent that has stood for 127 years.
Federal judges in Washington, Massachusetts, and Maryland have issued nationwide injunctions, temporarily halting the order’s implementation.
On February 6, 2025, a federal judge in Maryland indefinitely blocked the order, stating, “The denial of the precious right to citizenship will cause irreparable harm.”
However, the Trump administration has appealed these rulings, and the Supreme Court is now deliberating the issue.
The court’s current focus on the scope of nationwide injunctions—rather than the order’s constitutionality—means that a final decision on birthright citizenship may still be months or years away.
Potential Outcomes and Their Impact
If the Supreme Court upholds the executive order, the implications for Indian families could be profound:
Loss of Citizenship for Newborns
Children born to Indian parents on temporary visas after February 19, 2025, would no longer automatically acquire US citizenship.
This could affect over 150,000 newborns annually, according to estimates from lawsuits challenging the order.
Legal Limbo for Families
Without citizenship, these children may face statelessness, as US law has no provision for granting non-immigrant status to individuals born on American soil.
Families may need to apply for Indian citizenship for their children, navigate complex visa processes, or face deportation risks if their own visa status expires.
Impact on Green Card Backlogs
Indian nationals already face significant delays in obtaining green cards, with over 1.1 million in the employment-based backlog as of 2023.
Birthright citizenship has historically allowed their US-born children to petition for their parents’ residency after turning 21.
The loss of this pathway could exacerbate the challenges faced by families stuck in the backlog.
Shift to Other Countries
The uncertainty may drive Indian families to reconsider the US as a destination.
Countries like Canada, Australia, and the UK, which offer more favorable immigration policies, are becoming attractive alternatives.
Canada, for instance, still upholds birthright citizenship (though with its own restrictions, as noted in the earlier article), while Australia grants children the same visa status as their parents.
What Can Indian Families Do?
For Indian parents on temporary visas, navigating this uncertainty requires careful planning.
Here are some actionable steps:
Consult an Immigration Lawyer
With the situation evolving rapidly, immigration lawyers can provide clarity on your family’s specific circumstances and potential pathways for your child’s citizenship or visa status.
Explore State-Specific Options
Some families are considering relocation to states that have pledged to oppose the executive order, such as Illinois, where Governor JB Pritzker has vowed to protect law-abiding immigrants.
However, this strategy may only offer temporary relief, as the Supreme Court’s decision will ultimately apply nationwide.
Consider Alternative Destinations
If the US becomes too uncertain, countries like Canada, Australia, and the UK offer more predictable immigration pathways.
Canada, for example, has a points-based system that prioritizes skilled workers, while the UK offers post-study work visas for international students.
Plan for Indian Citizenship
If your child is denied US citizenship, you may need to apply for Indian citizenship through the Indian consulate.
India does not offer unconditional birthright citizenship; a child born to at least one Indian citizen parent can claim citizenship, provided the other parent is not an illegal migrant.
Stay Informed
Monitor updates from the Supreme Court and the US Citizenship and Immigration Services (USCIS) for the latest developments.
Joining online communities of Indian immigrants can also provide support and shared experiences during this uncertain time.
The Broader Implications for the Indian Diaspora
The Indian diaspora, the largest in the world with 18 million people living outside India, has long viewed the US as a land of opportunity.
Indian Americans, numbering 4.8 million according to a 2022 Pew Research analysis, have made significant contributions to the US economy, particularly in tech, healthcare, and education.
They represent the second-largest group of international students in the US, with over 200,000 enrolled in 2023, and dominate the H-1B visa program, holding 70% of these visas.
The potential end of birthright citizenship risks severing these ties.
As one immigration lawyer noted, “If a baby is not going to be a US citizen, that is going to be a huge deterrent.”
The US already faces a projected tech worker shortage of 1.2 million by 2026, and policies that deter Indian talent could undermine America’s global competitiveness.
Meanwhile, the emotional and financial toll on Indian families—already navigating decades-long green card backlogs—could lead to a broader exodus of talent to other countries.
Navigating an Uncertain Future
The challenge to birthright citizenship in the US has thrown Indian families on temporary visas into a state of uncertainty in 2025.
As the Supreme Court deliberates, expecting parents face anxiety over their children’s future, with some even contemplating leaving the US for more stable destinations.
By consulting immigration experts, exploring alternative countries, and staying informed, Indian families can better navigate this crisis.
The outcome of this legal battle will not only shape the future of the Indian diaspora but also redefine what it means to pursue the American Dream in an era of shifting immigration policies.
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