A proposed rule threatens to deny birthright citizenship, leaving many Indian immigrants in uncertainty
Neha Satpute and Akshay Pise were eagerly preparing to welcome their first child. Having worked in the US for over a decade as engineers on H-1B visas, they expected their son—due on February 26—to be born as an American citizen.
Living in San Jose, California, with stable jobs and supportive parental leave policies, they had built a life around this assumption, reported bbc.com.
Uncertainty Surrounds Birthright Citizenship
President Donald Trump recently announced a rule that could deny automatic US citizenship to children born to temporary foreign workers, a sharp departure from existing policies where birthright citizenship was guaranteed regardless of parental immigration status.
Two federal judges have blocked the order, meaning it cannot take effect until legal challenges are resolved. However, the possibility of a higher court overturning these decisions has left many in limbo.
Akshay and Neha are among thousands of Indian immigrants now facing uncertainty. “This impacts us directly,” Akshay says. “If the order takes effect, we don’t know what comes next—it’s uncharted territory.” Their biggest concern: what nationality will their child have?
Legal Challenges and Expert Opinions
Immigration attorney Cyrus Mehta warns that the situation is unprecedented. “US law has no provision for granting non-immigrant status to a person born here,” he explains. Facing this uncertainty, Neha and Akshay consulted their doctor about inducing an early delivery, but ultimately decided against it.
“I want the natural process to take its course,” Neha says. Akshay adds, “My priority is a safe delivery and my wife’s health. Citizenship comes second.”
Dr. Satheesh Kathula, president of the American Association of Physicians of Indian Origin (AAPI), responded to media reports of families seeking early C-sections for citizenship reasons.
“In a country with strict medical laws, I strongly advise against preterm C-sections just for citizenship,” he stated, emphasizing that most doctors refuse to perform unnecessary procedures.
Impact on Indian Immigrants
US citizenship is highly coveted, especially among skilled H-1B visa holders. Indians are the second-largest immigrant group in the US, and more than five million hold non-immigrant visas.
Immigration policy analyst Sneha Puri warns that if Trump’s order is enforced, “none of their future US-born children would get citizenship.” South Asian parents-to-be have flooded online forums with concerns about its impact.
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Trump’s order does not affect children of lawful permanent residents, but obtaining a green card remains a significant hurdle for Indians
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Under current rules, no more than 7% of the total green cards issued annually can go to any one country
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Indians, who receive 72% of H-1B visas each year, face the longest wait times. According to the Cato Institute, 1.1 million Indians were stuck in the employment-based green card backlog in 2023.
“New Indian applicants face a lifetime wait, with 400,000 likely to die before getting a green card,” warned Cato’s immigration director David Bier.
The order could also affect undocumented immigrants, whose US-born children previously gained automatic citizenship and could later sponsor their parents for a green card upon turning 21. Pew Research estimates there were 725,000 undocumented Indian immigrants in the US in 2022, making them the third-largest undocumented group.
Struggles for Legal Immigrants
The greatest concern for Indian H-1B and O visa holders is their children’s future. These visa holders must leave the US periodically for visa stamping at an embassy abroad, a process often plagued with delays. Many do not want their US-born children to face similar bureaucratic struggles. “We’ve been here for over 10 years. As I see my parents getting older, it’s important for me to have citizenship,” Akshay explains. “Traveling is tricky with visa stampings, and with my baby, it will be even harder.”
Many physicians oppose Trump’s order, citing the contributions of foreign skilled workers. Dr. Kathula highlights the role of Indian doctors in rural areas like North and South Dakota. “Without them, healthcare would collapse,” he warns. He urges the US government to expedite green card processing and preserve birthright citizenship for these families.
For many Indian immigrants, this executive order adds another layer of anxiety. Priyanshi Jajoo, expecting a baby in April, is searching for answers. “Do we need to contact the Indian consulate for a passport? Which visa applies? There’s no information online,” she says.
Counting down the days to their son’s arrival, Neha and Akshay feel overwhelmed by the uncertainty. “Pregnancy is stressful enough, but after a decade here, we thought things would get easier—then this happens,” Neha says. Akshay adds, “As legal, tax-paying immigrants, our baby deserves US citizenship—it’s been the law, right?”
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