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Trump vows to end birthright citizenship: Will Usha Vance lose her citizenship?
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  • Trump vows to end birthright citizenship: Will Usha Vance lose her citizenship?

Trump vows to end birthright citizenship: Will Usha Vance lose her citizenship?

FP Explainers • January 22, 2025, 14:10:05 IST
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US President Donald Trump’s proposal to end birthright citizenship has led to questions about its potential implications for Usha Vance, the wife of US Vice President JD Vance and the first Indian-origin Second Lady of the United States. Could the new policy impact her citizenship status?

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Trump vows to end birthright citizenship: Will Usha Vance lose her citizenship?
JD Vance and his wife Usha Vance appear on stage during his rally in Scottsdale, Arizona. Reuters/File Photo

Usha Vance, the wife of US Vice President JD Vance, is the first Indian-origin Second Lady of the United States. But, will this status stay?

President Donald Trump’s proposed plan to end birthright citizenship has raised questions about its potential impact on her citizenship status. Why are there concerns about her losing it?

ALSO READ | Trump vows to end birthright citizenship and shut down the border: Will he actually be able to do it?

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With millions of Indian Americans currently living in the United States, ending birthright citizenship could create several hurdles for their long-term aspirations of securing permanent residency.

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What exactly is birthright citizenship? Could Trump’s decision to revoke it impact the status of Indian-American Second Lady Usha Vance? Let’s look into this:

Trump to put an end to birthright citizenship: What is it?

Birthright citizenship ensures that anyone born in the United States automatically becomes an American citizen.

This long-standing policy applies to children born to individuals in the country illegally, as well as to those on tourist or student visas who intend to return to their home country.

The Citizenship Clause of the 14th Amendment, added to the Constitution in 1868, 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.”

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US President Donald Trump speaks in the Roosevelt Room of the White House. AP

This practice is not universal, and Trump and his supporters argue that the system is being exploited and that stricter requirements for citizenship are necessary.

However, others view this as a constitutional right protected under the 14th Amendment. They claim that overturning it would be extremely challenging and, even if feasible, would be a misguided decision.

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What Trump’s order states

Trump’s 700-word executive order, issued late Monday, directs US agencies to refuse recognition of the citizenship of children born in the country if neither parent is a US citizen or legal permanent resident.

President Donald Trump signs an executive order at an indoor Presidential Inauguration parade event in Washington. AP

This move aligns with Trump’s broader immigration crackdown. If upheld, the order would, for the first time, strip over 150,000 children born annually in the United States of their citizenship rights, to Massachusetts Attorney General Andrea Joy Campbell said

“President Trump does not have the authority to take away constitutional rights,” Campbell added.

Will Usha Vance lose her citizenship?

Some social media users have claimed that Vice President JD Vance’s wife, Second Lady Usha Vance , “will have her citizenship revoked” under President Trump’s immigration plan.

A post on X alleges that Trump’s plan to end birthright citizenship would create a major issue for Second Lady Usha Vance.

“NEW: JD Vance’s wife, Usha Vance, will have her citizenship revoked if Trump signs his executive order banning birthright citizenship,” the post reads. “Her parents were not US citizens at the time of her birth.”

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🚨NEW: JD Vance's wife, Usha Vance, will have her citizenship revoked if Trump signs his executive order banning birthright citizenship. Her parents were not US citizens at the time of her birth.

Oops. pic.twitter.com/UFjGw7KlCl

— Protect Kamala Harris ✊ (@DisavowTrump20) January 20, 2025

The post has garnered over 66,000 likes within a day and over 2.9 million views.

According to USA Today, Second Lady Usha Vance is a US citizen, and Trump’s birthright citizenship order will not impact her status.

Usha Chilukuri Vance on Day 3 of the Republican National Convention (RNC), in Milwaukee, Wisconsin. Reuters/File Photo

The text of the order specifies that it applies only to individuals born more than 30 days after the order is issued.

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A Community Guideline accompanying the viral X post clarified: “The text of the EO states clearly that it applies only to those born more than 30 days after the order issue date - which was 1/20/2025. Usha Vance was born on 1/6/86.”

On a similar Threads post, a community guideline provided the official link to the order and cited its text: “(b) Subsection (a) of this section shall apply only to persons who are born within the United States after 30 days from the date of this order.”

Trump’s birthright citizenship order is not retroactive. It only applies to those born after February 19, 2025, as the order, issued on January 20, takes effect 30 days after being signed.

The order has sparked multiple legal challenges. However, even if upheld, it would have no impact on the citizenship status of the vice president’s wife.

Usha Vance was born 39 years ago in San Diego to Hindu Indian parents who immigrated to the United States in the 1970s. Publicly available information does not confirm when her parents acquired US citizenship.

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READ | Donald Trump signs executive order to end birthright citizenship. How will it affect Indians?

How Trump’s order will impact Indians

The Indian-American community, one of the fastest-growing immigrant populations in the US, will be severely affected by this policy change. As of 2024, Indian Americans number over 5.4 million, making up 1.47% of the US population. Approximately two-thirds of this group are immigrants, while 34% are US-born, according to official data.

Under Trump’s executive order, children born to Indian nationals on temporary work visas, such as the H-1B visa, or those awaiting green cards, would no longer automatically acquire US citizenship. This change would impact hundreds of thousands of children born annually to Indian immigrants in the US.

Such a policy shift could deter Indian professionals, students, and families from pursuing opportunities in the US, favouring immigration-friendly countries like Canada or Australia instead. It may also negatively impact the US economy, given the Indian community’s substantial contributions to sectors like technology, healthcare, and education, Varun Singh, Managing Director of Bengaluru-based immigration and citizenship firm XIPHIAS Immigration, told The Indian Express.

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Although an executive order will face immediate legal challenges, changing constitutional provisions requires a lengthy, challenging process involving a constitutional amendment.

The legal challenges

Several Democratic-led states and civil rights organisations have filed lawsuits to challenge Trump’s attempt to eliminate birthright citizenship. On Tuesday, 22 Democratic-led states , along with the District of Columbia and the city of San Francisco, filed lawsuits in federal courts in Boston and Seattle, arguing that Trump’s order violates the US Constitution.

The American Civil Liberties Union, immigrant organisations, and an expectant mother also filed cases within hours of Trump signing the executive order, initiating the first major legal battle of his administration.

The lawsuits argue that stripping citizenship would deny individuals access to federal programmes like Medicaid, lawful employment, and voting rights.

“Today’s immediate lawsuit sends a clear message to the Trump administration that we will stand up for our residents and their basic constitutional rights,” New Jersey Attorney General Matthew Platkin said in a statement.

Further lawsuits challenging other elements of Trump’s agenda are anticipated, with cases already filed against the Elon Musk-led Department of Government Efficiency and another executive order weakening civil service job protections.

With inputs from agencies

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