Perspective: The effort to end birthright citizenship is an attempt to redefine who is American
On the first day of his second term, Trump tried to single-handedly redefine who gets to be American by signing an unconstitutional executive order (EO) undermining birthright citizenship. Since then, civil rights groups have fought this EO through lawsuits to defend all babies born in the United States. Federal judges have repeatedly affirmed that birthright citizenship is a cornerstone of the U.S. Constitution and have prevented the order’s implementation.
It is critical to defeat the unlawful attack on birthright citizenship because it is a direct threat to all families and communities, including South Asian Americans. The EO targets those children born in the U.S. whose parents are on temporary visas, such as student visas or work visas, or are undocumented. By attempting to rob these children of their citizenship, the Trump administration aims to deny basic rights of U.S.-born babies based on their parents’ immigration status. And because enforcement of the order would require significantly more paperwork to prove citizenship, it has the potential to effectively deny citizenship to millions of other people, even those who qualify for it under the order itself. For example, recent guidance from the federal government indicates that acquiring a passport would now require applicants to provide “proof of parental citizenship or immigration status” in addition to other documents such as their own birth certificate.
The elimination of birthright citizenship—and the additional bureaucratic burdens it imposes—could create an underclass of U.S.-born Indian Americans. In 2023, people from India received nearly two-thirds of temporary visas for highly skilled workers. They are one of the largest groups to receive student visas. There is also a significant undocumented population: Pew Research estimates there are around 725,000 undocumented Indian immigrants in the U.S. Children born to parents who fall into either one of these categories would have fewer rights than those born to parents with citizenship.
Without birthright citizenship, millions of children would be deprived of basic rights and opportunities necessary to flourish in America. It is still unclear what their immigration status would be, or if they would have one at all. They would have limited or no access to government benefits, healthcare, education, and other safeguards that are essential for them to reach their full potential. As adults, the federal government would bar them from working legally in the U.S., limiting their ability to provide for themselves and their families. Depending on the citizenship laws of their parents’ countries of origin, the children could end up stateless—without citizenship to any country at all. The statelessness would pass down from generation to generation, creating an ancestry based underclass of millions of U.S.-born families who are targets for legalized discrimination and exclusion.
Birthright citizenship is also key to ensuring immigrant families can stay and thrive together in the United States. Birthright citizenship is a core part of the family-based immigration process too. In 2023, 60 percent of Indians who received lawful permanent residency received it through family-based immigration. Without birthright citizenship, these children would no longer be able to sponsor their parents or siblings to come to the U.S.—a fundamental opportunity of immigration.
Every child deserves the chance to thrive in America, and many civil rights organizations are using lawsuits to protect the rights of children. In July, three federal judges ruled against the EO, upholding the U.S. Constitution. And there’s more to come. My organization, Asian Americans Advancing Justice – (AAJC), and our partners filed a lawsuit asking the federal court to decide on the constitutionality of the birthright citizenship EO. A favorable ruling would permanently bar enforcement of the EO nationwide.
As the court battle continues, Advancing Justice – AAJC and Advancing Justice – Atlanta are sharing resources and information for immigrant communities. Currently, Advancing Justice – Atlanta is holding free citizenship clinics and ongoing “Know Your Rights”; events to empower immigrants with accurate, accessible legal information to protect themselves and their families.
The battle over determining who “deserves” American citizenship is part of a long history of racism and exclusion. We have won in the past. We will continue to defend that win.
John C. Yang, Esq. is president and executive director of Asian Americans Advancing Justice – AAJC.
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