Trump has reportedly issued an executive order to revoke birthright citizenship, which means that children born after february 19, 2025, will not be eligible for U.S. passports or citizenship. For the indian population on H-1B visas and other temporary visas, who have been negotiating the intricacies of visas and several renewals, this has caused a great deal of anxiety. However, they have found solace in their children's U.S. citizenship. They are now extremely worried about the trump administration.
 
Here are the next crucial steps related to birthright citizenship.


Until a federal court hears arguments and renders a decision, a new Executive Order (EO) banning birthright citizenship will stay in effect. The EO will no longer be in force if it is knocked down. No one who has already been born is affected by this EO. Only children born after february 19, 2025, are covered.
 
This directive states that unless at least one parent is a U.S. citizen or green card holder, U.S. government agencies will not grant citizenship documents, including passports, to children born after this date. On thursday at 10 a.m., arguments on the EO will be heard by U.S. district Judge john Coughenour, who was nominated by President Reagan. The EO's future may be decided by his decision.
 

The trump administration may file an appeal with the supreme court if the court invalidates the EO. But the EO won't be enforceable until the supreme court makes a decision. Nothing changes if the judge upholds the EO. It will continue to operate as intended. The word "jurisdiction," which was added to the Constitution 157 years ago during the Civil War, is ambiguous. Given this phrasing, a conservative court may decide in the EO's favor.

Children born to foreign ambassadors in the united states are currently exempt from the 14th Amendment. For instance, according to the USCIS website, a child born to the Mexican or indian ambassador is not granted U.S. citizenship. Using the same legal justification, the US government is currently attempting to extend this restriction to more circumstances. Children born after february 19, 2025, will still have a birth certificate if the EO is still in force, but they won't be able to apply for a U.S. passport unless one of their parents is a citizen or a green card holder.
 

 

 

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