Donald Trump's plan to end birthright citizenship: What could it mean for Indian Americans?

United States President-elect Donald Trump has made it clear that ending birthright citizenship will be a top priority when he assumes office on January 20.

If implemented, this policy change could dramatically alter the framework of US citizenship, with far-reaching implications for millions of individuals, including 1.6 million US-born Indian Americans.

In a conversation on NBC’s Meet the Press, he stated, “We’re going to end that because it’s ridiculous.” This policy, grounded in the 14th Amendment, has guaranteed automatic citizenship to individuals born on US soil for over 150 years.

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The 14th Amendment explicitly 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.” It was initially designed to provide citizenship to formerly enslaved individuals and their descendants.

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Critics like Eric Ruark, director of research for NumbersUSA, argue that the system has been exploited. “Simply crossing the border and having a child should not entitle anyone to citizenship,” Ruark told AP. Trump has echoed these sentiments, labelling birthright citizenship a magnet for illegal immigration and “birth tourism.”

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However, constitutional experts warn that abolishing this right would require amending the Constitution or a judicial reinterpretation of the 14th Amendment.

Alex Nowrasteh, vice president at the Cato Institute, told AP, “I don’t take his statements very seriously. He has been saying things like this for almost a decade. He didn’t do anything to further this agenda when he was president before.”

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What could this mean for Indian Americans?

Indian Americans, a thriving community of over 5.4 million, could face unique challenges if this policy is enacted. According to Pew Research’s 2022 US Census analysis, approximately 1.6 million Indian Americans — 34 per cent of the total Indian-origin population in the US —  were born in the country and are currently citizens.

The Indian diaspora in the US is notable for its significant contributions to the economy and culture. Indian Americans have the highest median household income among ethnic groups, averaging $126,891 annually, nearly double the national average.

Additionally, Indians make up over 80 per cent of all H-1B visa holders, reflecting their dominance in technology and other specialised fields.

If birthright citizenship is abolished, Indian-American children born in the US would no longer have automatic proof of citizenship.

The 2011 American Immigration Council factsheet cautioned that eliminating this right would create bureaucratic hurdles for all Americans, stating, “Our birth certificates are proof of our citizenship. If birthright citizenship were eliminated, US citizens could no longer use their birth certificates as proof of citizenship.”

Beyond the Indian-American community, the ramifications of ending birthright citizenship are vast. The Department of Homeland Security estimated that in 2009, there were approximately 200,000 Indian unauthorised immigrants in the US, with the number rising to 450,000 by 2014 according to Pew Research.

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Many of their US-born children could lose citizenship protections under Trump’s proposed policy.

Indian Americans, who have historically achieved milestones in US politics and academia, may find their upward mobility challenged. Figures like US Vice President Kamala Harris , who made history as the first Indian-American to hold the office, symbolise the potential of this community. However, restrictive policies could alter the trajectory of future generations.

Is this legal?

Experts anticipate significant legal battles should Trump attempt to enforce this policy unilaterally. Constitutional scholars point out that an executive order or legislation would likely violate the 14th Amendment.

Moreover, opponents argue that such a policy risks tearing families apart. Trump has stated that he would prefer to deport families as a unit, including US-born children, to avoid “breaking up families.”

“I don’t want to be breaking up families, so the only way you don’t break up the family is you keep them together and you have to send them all back,” he said.

Trump’s plan to end birthright citizenship aligns with his broader agenda of curbing immigration, the policy’s implementation faces legal, ethical, and logistical challenges.

For Indian Americans, the potential changes threaten to disrupt the lives of millions.

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With inputs from agencies