A recent executive order in the United States addresses birthright citizenship, proposing significant changes to how citizenship is granted to newborns on American soil. The order, titled “Protecting the Meaning and Value of American Citizenship”, introduces new restrictions on automatic citizenship for children born in the US. This will impact H-1b Visa holders among others. Here are all of the other important details that you would need to know about this crucial order passed by the new US administration.
Children Of H-1B Visa Holders Born In US No Longer Eligible For US Citizenship
According to an article that was recently published by the Hindustan Times or the HT, there’s been a change in the proposed rules. At least one parent must be either an American citizen or a permanent resident (green card holder) for their child to receive US citizenship at birth.
This would affect individuals on temporary visas. This includes those with work visas (H-1B and L1), dependent visas (H4), study visas (F1), academic visitor visas (J1), and short-term business or tourist visas (B1/B2). The order’s legal basis centres on an interpretation of a phrase. It is, “subject to the jurisdiction thereof” in the Fourteenth Amendment of the US Constitution.
It states, “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.” Legal challenges have already been filed in New Hampshire and Massachusetts courts.
Other Details To Keep In Mind About This New Order
The American Civil Liberties Union or the ACLU has published a brief analysing the constitutional implications of the order. If implemented, the changes would particularly affect the significant Indian diaspora in the US.
This includes approximately five million people of Indian origin, many of whom are on temporary visas. The order instructs various government departments to align their policies accordingly. This includes the State, Homeland Security, the Attorney General’s office, and Social Security.
However, the order’s implementation, scheduled for February 20, depends on whether courts issue a stay within the next month.
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Will you or someone you know be impacted by this new rule? Let us know in the comments section below!
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