Indians worried about children’s citizenship in the US

Last Updated on February 12, 2025 6:17 am

Donald Trump has taken a tough stance on immigrants since taking office for the second time. The US President recently announced the cancellation of citizenship for children of temporary migrant workers. And Indian immigrant parents are very worried about him.

Satpute and Akshay Peace, an Indian couple who have been in the US for more than a decade and are preparing to welcome their first child, are one of those worried parents. A BBC report has revealed their uncertainty.

They came to the US as foreign workers on an H1B visa. The expected date of birth of their first child has been announced on February 26. They were hoping that their child would be born as an American citizen.

The couple, who work for a large IT company, had built a safe life in San Jose, California, ensuring everything, vacations, a better life.

But the recent announcement by US President Donald Trump to cancel the citizenship of children of temporary migrant workers has threatened the American Dream of many.

However, two federal judges in the US have stayed this order. Therefore, Trump’s announcement will not take effect until the case is resolved. Due to which it is expected that Trump’s decision may be overturned in the high court.

But such uncertainty, multiple lawsuits and legal troubles have left thousands of temporary foreign nationals like Akshay and Neha in a dilemma.

Expressing his feelings, Akshay said, “This will directly affect us. We don’t know what will happen to us later if this order is implemented.” Their biggest question is, what will be the nationality of their child?

Their concerns are reasonable. New York-based immigration lawyer Cyrus Mehta said, “Under US law, there is no provision to call a person born here a non-immigrant.”

The Neha-Akshay couple’s due date is approaching. So they went to the doctor to seek advice on whether they can give birth to their child before this time. The doctor’s advice was that if everything is fine, they can deliver the child at 40 weeks of pregnancy. Later, the couple decided to wait.

Neha said, “I want him to come naturally.” Akshay said, “My primary goal is a safe delivery and my wife’s well-being. Citizenship is the second issue.’

After media reports that many families were opting for C-sections, Dr. Satish Kathula, president of the American Association of Physicians of Indian Origin (AAPI), reached out to Indian-origin obstetricians. He said that apart from a few incidents in New Jersey, doctors had not encountered any such incidents.

“I would not recommend early caesarean sections in countries with strict medical laws just for citizenship,” said a doctor in Ohio. “Our doctors are ethical and will do it only for medical reasons, not for citizenship.”

Citizenship in the US is a desirable goal for many. Most H-1B visa holders, in particular, come for citizenship. Indians are the second largest immigrant group in the US.

“The order to revoke citizenship by birth will have a major impact on India, because more than five million Indians in the US hold non-immigrant visas,” warned immigration policy analyst Sneha Puri. “If it goes into effect, none of their children born in the future will be US citizens,” she told the BBC.

South Asians who are becoming parents are expressing concerns in various online groups about the impact of the order and the next steps.

Although Trump’s executive order states that it will not affect the ability of children of lawful permanent residents to obtain US citizenship documents.

However, Indians wait the longest for green cards in the US compared to other countries.

According to current US policy, the number of green cards issued to people from any one country cannot exceed 7 percent of the total green card holders.

Indians account for 72 percent of H1B visa recipients each year. According to the Cato Institute, the number of Indians waiting for green cards in 2023 will be 1.1 million, or 62 percent. And those currently receiving green cards on the basis of employment, applied in 2012.

David Bayer, director of the Cato Institute’s Immigration Research Department, warned in his report, “New Indian applicants could have to wait a lifetime for a green card. Of these, 400,000 immigrants may die before receiving a green card.”

In contrast, many immigrants can speed up the citizenship process and become permanent residents within a year.

If Trump’s executive order is implemented, it will also affect illegal immigrants in the US. Because their children would have been born U.S. citizens and could have applied for green cards for their parents when they turned 21.

According to Pew Research, there were 725,000 illegal Indian immigrants in the United States as of 2022. In contrast, the Migration Policy Institute puts the number at 375,000. Illegal immigrants make up 3 percent of the U.S. population and 22 percent of the foreign-born population.

The main concern for Indians holding H1B or O visas is their children’s quality of life.

Holders of these visas often have to leave the United States to renew their visas. Those who return to India for this purpose often delay getting appointments.

These immigrants do not want their U.S.-born children to go through the same bureaucratic complexities.