On Monday, US President Donald Trump signed an executive order to terminate birthright citizenship, with the changes slated to take effect from February 20. The new law will prevent children of foreign passport holders from automatically becoming US citizens, including those born to tourists, students, and foreign workers legally present in the country.
The move comes amid growing discussions about immigration reform and the changing dynamics of US citizenship laws. According to Trump, the United States is the only country that offers such a policy and described it as “absolutely ridiculous.”
What is Birthright Citizenship?
Birthright citizenship refers to the legal right of a child born within a country’s borders to automatically acquire its nationality, regardless of the parent’s citizenship status. In the United States, the 14th Amendment guarantees that children born on US soil are granted American citizenship. However, a new executive order signed by President Donald Trump aims to end this long-standing policy.
Who Will Be Affected by the New Law?
The new executive order will have a significant impact on foreign nationals in the United States, particularly individuals on temporary student, work, or tourist visas. And, over one million Indians currently waiting for green cards.
Under the new policy:
- Children born in the US after February 20 will not automatically gain citizenship.
- Citizenship will only be granted if:
- The father is a US citizen or lawful permanent resident.
- The mother is in the country legally, not on a temporary visa.
This policy shift has raised concerns and confusion among immigrant communities, especially those seeking permanent residency.
What Are the Legal Implications of the Executive Order?
The 14th Amendment, in effect since 1868, ensures citizenship for nearly all individuals born on US soil. However, the new executive order challenges this long-standing constitutional interpretation.
Key points:
- The Trump administration argues the change is legally justified.
- The American Civil Liberties Union (ACLU) has already filed a lawsuit against the order.
- Many immigrant and civil rights advocates have voiced strong opposition.
Legal experts anticipate significant court battles, which could delay or potentially halt the implementation of the policy.
The Upcoming Changes: What to Expect
The executive order marks a major shift in US immigration law, and here’s what you should know about the upcoming changes:
1. Impact on Children Born to Foreign Nationals: Starting February 20, children born to foreign nationals on temporary visas, such as tourists, students, and workers, will not automatically receive US citizenship.
2. Green Card Applicants Affected: More than a million individuals, especially those from India, waiting for green card approval may experience additional complications due to the new rule.
3. Legal Challenges Likely: Legal experts and civil rights groups are expected to challenge the executive order, which may delay or alter its enforcement.
Also Read: H-1B Visas, Green Cards, and OPT: How Trump’s Policies Impact You
Final Words
The February deadline signals a major shift in US immigration laws, ending birthright citizenship for many. While the policy reflects stricter immigration measures, ongoing legal challenges create uncertainty. Foreign nationals should stay updated on developments to understand potential impacts on their families and status.
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