Trump’s executive order ending birthright citizenship: Global repercussions and implications for India

By: Dr. Avi Verma

In a move that has sparked widespread controversy, U.S. President Donald Trump signed an executive order ending birthright citizenship for children born to non-citizens and undocumented immigrants in the United States. The order, effective February 19, reinterprets the 14th Amendment of the U.S. Constitution, which has long granted citizenship to anyone born on U.S. soil, regardless of their parents’ immigration status.

This sweeping change marks a significant shift in U.S. immigration policy, drawing fierce criticism from legal experts, immigrant rights groups, and Democratic state officials. Twenty-two U.S. states, led by Democratic attorneys general, have filed lawsuits challenging the constitutionality of the order, emphasizing that the 14th Amendment explicitly guarantees citizenship to all individuals born in the U.S.

New Jersey Attorney General Matthew Platkin condemned the executive order as “unlawful, unconstitutional, and un-American,” arguing that it dismantles the foundational principles of a nation built on immigration. California Attorney General Rob Bonta added, “This sets a terrifying tone for Trump’s second term.”

Proponents of the order argue that the current interpretation of birthright citizenship incentivizes unauthorized immigration and undermines the immigration system’s integrity. However, critics, including the American Civil Liberties Union (ACLU), assert that the policy is a “reckless repudiation of American values” and likely to be overturned by the Supreme Court.

Impact on India and the world

India’s Concern over H1-B Visa Holders and Diaspora:

One of the most immediate impacts of this policy is its effect on children of Indian immigrants on H1-B visas, which account for 72% of these skilled worker permits issued annually. Under the new order, children born to H1-B visa holders in the U.S. would no longer be granted automatic citizenship. This has raised concerns within India’s burgeoning diaspora community, as Indians represent the third-largest group of undocumented immigrants in the U.S., numbering approximately 725,000 as of 2022.

India has long maintained robust bilateral ties with the U.S., bolstered by contributions from its skilled workforce in the technology, healthcare, and education sectors. However, this policy could strain relations, particularly as Indian families in the U.S. face uncertainty regarding their children’s legal status. The Indian government has expressed willingness to work with the U.S. on repatriation efforts for undocumented citizens, but the issue complicates an otherwise strong strategic partnership.

Economic and Geopolitical Implications:

India’s economic interests could also be affected by the potential chilling effect on immigration, which has historically facilitated knowledge exchange and innovation between the two countries. The tech industry, reliant on Indian professionals, may see a reduction in talent inflow, further exacerbated by anti-immigration rhetoric from Trump’s “Make America Great Again” (MAGA) base.

Additionally, Trump’s executive order aligns with a broader global trend of restrictive immigration policies, which could embolden similar measures in other nations. As India positions itself as a leader in advocating for equitable global policies, the move challenges its efforts to promote inclusivity and international collaboration.

Impact on Global Citizenship Norms:

Birthright citizenship has been a cornerstone of American values, influencing immigration policies worldwide. By dismantling this principle, Trump’s move sets a precedent for other nations to reconsider their citizenship frameworks, potentially leading to stricter policies in regions like Europe and Asia. This could create ripple effects for countries like India, where citizens often migrate to these regions for education and employment opportunities.

Humanitarian Concerns and Public Sentiment:

From a humanitarian perspective, the policy risks creating stateless individuals and exacerbating vulnerabilities among migrant communities. For India, which prides itself on its diaspora’s achievements, such measures are viewed as a blow to global mobility and inclusivity. Public sentiment in India, where Trump has enjoyed significant popularity due to his camaraderie with Prime Minister Narendra Modi, may shift as families grapple with the order’s implications.

Analysis: A New Global Conversation on Citizenship

Trump’s executive order is more than a domestic issue—it is a catalyst for a global debate on citizenship, migration, and national identity. For India, it raises questions about the treatment of its diaspora, the role of bilateral cooperation, and the broader narrative of globalization.

While the legal battle in the U.S. will determine the order’s immediate fate, its ramifications for India and the world are far-reaching. The policy risks disrupting family structures, eroding trust in immigration systems, and challenging the fundamental ideals of democracy.

As the world watches, India faces a dual challenge: protecting its diaspora’s rights and navigating a shifting global landscape where immigration policies are increasingly politicized. How India responds—through diplomatic channels, advocacy, and strategic alliances—will be a testament to its commitment to its global citizens and its vision for an interconnected world.