US President Donald Trump’s executive order seeking to ban birthright citizenship for children of temporary visa holders has initiated widespread concern among immigrants, particularly the Indian community in the United States. The policy, currently on hold following a legal challenge, has left thousands of Indian immigrants expecting children in a state of uncertainty.
For Indian professionals on H-1B visas, the impact is real. Many had assumed that their US-born children would automatically be granted citizenship, but the order now threatens to disrupt those expectations.
Akshay Pise, an Indian engineer in San Jose, California, whose wife, Neha Satpute, is due to give birth this month, described the situation as deeply unsettling.
“This impacts us directly,” he said. “If the order takes effect, we don’t know what comes next—it’s uncharted territory.”
With their due date approaching, the couple briefly considered inducing labour early but decided against it. “I want the natural process to take its course,” said Satpute. Pise added, “My priority is safe delivery and my wife’s health. Citizenship comes second.”
The situation has led to reports of parents opting for early C-sections to secure their child’s US citizenship. However, Satheesh Kathula, president of the American Association of Physicians of Indian Origin (AAPI), advised against such measures. “In a country with strict medical laws, I strongly advise against preterm C-sections just for citizenship,” he said.
San Jose resident Priyanshi Jajoo, who is expecting a child in April, expressed uncertainty about the process ahead. “Do we need to contact the Indian consulate for a passport? What visa applies? There’s no clear information,” she said.
New York-based immigration attorney Cyrus Mehta warned of legal complications. “US law has no provision for granting non-immigrant status to a person born here,” he said. Without birthright citizenship, children of H-1B holders could face legal uncertainty regarding their status.
Satpute said the uncertainty had added to the stress of pregnancy. “Pregnancy is stressful enough, but we thought after a decade here it would get easier—then this happens on top of everything.”
Pise added that they were legal, tax-paying immigrants and believed their baby deserved US citizenship. “It’s been the law, right?” he said.
Indians, the second-largest immigrant group in the US, are among those most affected by the order. Over five million Indians hold non-immigrant visas, and under the proposed policy, their US-born children would no longer receive automatic citizenship.
Immigration policy analyst Sneha Puri highlighted the issue of visa backlogs. “Indians face the longest green card backlog of any nationality,” she said. Current laws limit green cards to 7 per cent per country, and with Indians receiving 72 per cent of H-1B visas annually, the backlog has grown to 1.1 million applicants.
David Bier, director of immigration studies at the Cato Institute, warned that new Indian applicants face an extensive waiting period. “New Indian applicants face a lifetime wait, with 400,000 likely to die before getting a green card,” he said.
The order also impacts undocumented immigrants, eliminating birthright citizenship for their US-born children, who previously had the ability to sponsor their parents for a green card upon turning 21.
Estimates of undocumented Indians in the US vary, with Pew Research estimating 7,25,000 and the Migration Policy Institute suggesting the number is closer to 375,000.
For Indians on H-1B or O visas, the primary concern remains their children’s future. Visa holders are required to leave the US for visa stamping, often facing long delays. Many worry their children will experience similar challenges in the years to come.
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