In tom Hanks' 2004 movie The Terminal, Victor Navorski is compelled to live at JFK airport because he is no longer a citizen with legal documentation because his nation has fallen apart. The actual experience of an Iranian who spent years stranded at Paris' Charles de Gaulle airport served as the inspiration for the Steven Spielberg film. 

However, with US President donald trump preparing to implement his proposal to revoke birthright citizenship, is anything like feasible in the actual US? What would happen to indians employed in the US on temporary visas such as H-1B and L1 if their children were born in the US? They can't be Navroskis, of course. Which nation will they be a part of then?

On january 20, trump issued one of his first executive actions as the 47th President of the united states, ending citizenship by birth. Children born to non-citizen couples after february 19 would not be eligible for U.S. citizenship, and the order provided a 30-day buffer.
 
Following an appeal by several states with Democratic party leadership, a federal court declared the presidential order terminating birthright citizenship to be "blatantly unconstitutional" and temporarily stopped it.
 
Trump declared that the federal judge's ruling temporarily halting his attempt to limit birthright citizenship will be appealed by his administration.
 
The Department of Justice stated that it will "vigorously" defend the order, saying, "We look forward to presenting a full merits argument to the court and to the American people, who are desperate to see our Nation's laws enforced."
 
Dozens of indian couples hurried to have preterm infants born because they were so afraid of the presidential order and the february 19 deadline.
 
The court case is probably going to drag on for years. And thousands more indians will probably continue to live in uncertainty.
 
According to the US State Department's website, indian nationals are granted more L1 visas than inhabitants of any other nation. Additionally, 72% of all H-1B visa holders in the US are Indian.
 
The great citizenship question arises in the midst of this: what would happen to indian children born in the US if they were denied birthright citizenship?
 
Sultan Ahmad of the Universal Adviser Migration services discussed the citizenship status of these children with india Herald.
 
CITIZENS OF US? CITIZENS OF WHICH COUNTRY?
Trump's executive order "Protecting The Meaning and Value of American Citizenship" is the reason behind the instability that has surrounded Indians' lives in the US. The US Constitution's 14th Amendment has been reinterpreted in this sequence.
 
According to the US Constitution's 14th Amendment, "Everyone born or naturalized in the united states, and subject to its jurisdiction, is a citizen of the united states and of the State in which they reside."
 
Those who are not "subject to the jurisdiction thereof" are the main focus of the presidential order, which excludes children of temporary workers and illegal immigrants. A sizable portion of US work visa holders are Indian.

CAN THESE CHILDREN COME BACK AS indian CITIZENS?
Can they become indian citizens upon their return to india now that the option of automatic citizenship has been removed?
 
Accordingly, children born in the united states to parents having these kinds of temporary legal status would not automatically become citizens of the united states as of february 19, 2025. Prior to the interim restriction, Ahmad, an immigration specialist, stated that they would probably need to petition for citizenship through their parents' status or go through a naturalization procedure.
 
If trump gets his way, everything would go back to how they were. Therefore, the issue of these children's citizenship is still relevant.
 
Ahmad claims that for these children born in the US, obtaining indian citizenship is still easier.

Regarding indian citizenship, the country adheres to the jus sanguinis concept, which states that a person's indian nationality is usually determined by their parents' nationality. Even if the kid was born in the united states, if both parents are indian nationals, the infant would probably be eligible for indian citizenship (as long as the parents haven't willfully renounced their indian citizenship or committed actions that would forfeit it), Ahmad said.
 
 
 
 
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G GOWTHAM

24/01/2025 12:25 PM