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Indian-American lawmakers oppose order on birthright citizenship

On Monday, Trump signed an order declaring that future children born to undocumented immigrants would no longer be treated as citizens
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Ro Khanna. File photo
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Indian-American lawmakers have opposed the executive order by US President Donald Trump on changes in birthright citizenship, a move likely to hit not only illegal immigrants from around the world but also students and professionals from India.

On Monday, in the opening hours of his second term as president, Trump signed an order declaring that future children born to undocumented immigrants would no longer be treated as citizens. The order would extend even to the children of some mothers living in the country legally but temporarily, such as foreign students or tourists.

Trump's executive order asserts that the children of such non-citizens are not “subject to the jurisdiction” of the United States, and thus are not covered by the 14th Amendment's longstanding constitutional guarantee.

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Indian-American Congressman Ro Khanna said changes in birthright citizenship as done through the executive order would impact newborn babies of not only illegal and undocumented immigrants but also those staying in this country legally like on H-1B visas.

The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations that require theoretical or technical expertise. Technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.

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“Trump's order removes birthright citizenship for children born in the US not just to undocumented parents but to 'lawful' immigrants who are temporarily on a student visa, H1B/H2B visa, or business visa. So much for the pretence that the Republicans are for legal immigration,” Khanna said.

Indians are the main beneficiaries of the H-1B visas, which bring in the best of the talent and brains from across the world. Highly skilled professionals from India walk away with the overwhelming number of H-1B visas - which is Congressional mandated 65,000 every year and another 20,000 for those who received higher education from the US.

“No matter what Donald Trump says or does, birthright citizenship has and will be the law of the land. I will fight to protect it at all costs,” Indian-American Congressman Shri Thanedar said.

Indian-American Congresswoman Pramila Jayapal described it as unconstitutional. “Plain and simple this is unconstitutional and cannot be done with the stroke of a pen. If enacted, it would make a mockery of our country's laws and the precedents set in the Constitution,” she said.

A coalition of immigration rights groups has challenged this in court and said that this is unconstitutional.

As per the executive order, the US would not give automatic citizenship to newborn babies after February 19, 2025, if one of the parents is not a US citizen or lawful permanent resident.

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