Trump’s ‘Day 1’ immigration plan to impact Indians? ‘Federal agencies mandate…’

US Elections 2024: Children, just by the virtue of being born in the US, may no longer be considered citizens of that country if neither parent is a US national or a permanent resident. This possibility has now become a cause of concern for millions of Indians, whose children are likely to be impacted, if Trump signs an executive order.

Donald Trump had vowed to curb naturalised citizenship. It was a part of his campaign document and a pledge he and Vance promised would be done on "Day 1". A draft of the proposed executive order has been posted on the official campaign website of the duo.

The order states, "Federal agencies will be instructed to mandate that at least one parent be a US citizen or lawful permanent resident for their future children to automatically acquire U.S. citizenship."

This means that in future, children who are born in the US but neither of their parents is a US citizen or permanent resident (PR), may not be eligible for automatic citizenship via naturalisation.

Trump's immigration policy: How many people could be affected?

Although official figures are not yet available, it is estimated that the employment-based green card backlog from India surpassed 1 million in the first quarter of 2023. The average wait time for a green card is now over 50 years.

This backlog suggests that more than half a million young immigrants, who came to the U.S. for education or work, may die before they receive citizenship. Additionally, nearly a quarter of a million children waiting for their citizenship could reach the legal age limit of 21, after which they would be considered undocumented immigrants unless they obtain an alternative visa, such as a student visa.

Indian constitution vs Trump's immigration

Section 1 of the 14th Amendment of the US Constitution states that “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.” It further asserts that no state can bring in any changes which could affect the privileges and the immunities of the Indians living in US.

Thus, legal experts believe that Trump's move would certainly invite litigation to his executive order. However, the draft of the executive order claims that it has interpreted the 14th Amendment to the US Constitution correctly.