The ruling marks the first major legal setback for Trump’s renewed effort to redefine American citizenship laws.
A federal judge in Seattle has temporarily blocked an executive order by President Donald Trump that sought to curtail birthright citizenship in the United States.
The ruling came as a relief to Indian families living in the US, specifically those on temporary H1B or L1 visas, which do not grant permanent residency.
The order, signed by Trump on his Day One in office directed federal agencies to deny citizenship to children born in the US if neither parent is a citizen or legal permanent resident. The ruling marks the first major legal setback for Trump’s renewed effort to redefine American citizenship laws.
The order, signed by Trump on Inauguration Day, is slated to take effect on February 19. It could impact hundreds of thousands of people born in the country, according to one of the lawsuits.
In 2022, there were about 255,000 births of citizen children to mothers living in the country illegally and about 153,000 births to two such parents, according to the four-state suit filed in Seattle.
The US is among about 30 countries where birthright citizenship — the principle of jus soli or “right of the soil” — is applied. Most are in the Americas, and Canada and Mexico are among them.
Doctors and gynaecologists in the US had reported a sudden increase in the number of pregnant Indian women, on such visas, asking for a caesarean, to ensure pre-term delivery of their children; i.e., before February 20, which is when Trump’s new mandate goes into effect.
The rush was because children born before that date would be granted citizenship, while those born after would not be. They would only become citizens if at least one parent is already a citizen or a Green Card holder. If not, then out they go, when they turn 21.
Law ratified in 1868
Ratified in 1868 in the aftermath of the Civil War, the amendment says: “All persons born or naturalised in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
Trump’s order asserts that the children of noncitizens are not subject to the jurisdiction of the United States, and orders federal agencies to not recognise citizenship for children who don’t have at least one parent who is a citizen .
