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 in the country legally but temporarily, such as foreign students or tourists.
Trump's executive order asserts that the children of such noncitizens are not “subject to the jurisdiction” of the United States, and thus are not covered by the 14th Amendment's longstanding constitutional guarantee.
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 speciality 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.
“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 65,0000 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.
Also, attorneys general from 22 states sued President Trump in two federal district courts on Tuesday to block the executive order that refuses to recognise the US-born children of unauthorised immigrants as citizens, the New York Times reported.
Eighteen states and two cities, San Francisco and Washington, DC, challenged the order in the Federal District Court in Massachusetts, arguing that birthright citizenship under the 14th Amendment is “automatic” and that neither the president nor Congress has the constitutional authority to revise it.
Four other states filed a second lawsuit in the Western District of Washington.
The states request immediate relief to prevent the President's Order from taking effect through both a Temporary Restraining Order and a Preliminary Injunction.
“President Trump's attempt to unilaterally end birthright citizenship is a flagrant violation of our Constitution,” said New Jersey Attorney General Matthew Platkin.
"The President's executive order attempting to rescind birthright citizenship is blatantly unconstitutional and quite frankly, un-American,” said California Attorney General Rob Bonta.
Ajay Bhutoria, Biden White House Commissioner and Deputy National Finance Chair for the Democratic Party, in a statement, said, the 14th Amendment is not up for negotiation.
“This executive order is not only unconstitutional but also undermines the values of equality and justice that define America," he said.
Bhutoria urged the South Asian and broader immigrant communities to stand united against policies that threaten the fundamental principles of the Constitution.
"We must work together to ensure that these divisive and unconstitutional actions do not succeed," he said.
-- By Lalit K Jha in Washington, DC
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