Illegal immigration to the United States is a serious problem, ranging from 10 to 15 million in a nation of 335 million, and straining government services but also providing opportunities for those fleeing persecution and being a net-positive to the US economy.
To address the problems, US President Donald Trump signed Executive Order 14156, ordering an end to birthright citizenship. This order specifically targets children of undocumented migrants or temporary workers. It asserts that such individuals should not automatically receive US citizenship.
If upheld by the US Supreme Court and implemented, this could have profound consequences for India, Australia, as well as the United States.
The concept of birthright citizenship in the US is deeply rooted in the nation’s history, particularly as a response to the Supreme Court’s Dred Scott decision. In 1857, the Court ruled that individuals of African descent were not citizens of the United States.
This exclusionary stance was effectively overturned with the ratification of the 14th Amendment in 1868. The Citizenship Clause now states that all “persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” This provision nullified Dred Scott decision and established a clear, inclusive definition of citizenship.
The Amendment was further reinforced by the US Supreme Court ruling in the case of the United States vs Wong Kim Ark, which ruled that a US-born child of non-citizen parents was entitled to US citizenship.
The only exception to birthright citizenship is for children of foreign diplomats. An interesting point to note is that even India and Australia do not have such broad criteria: at least one parent must be a permanent resident of Australia for the child to get citizenship by birth! President Trump’s Executive Order, then, essentially follows this practice in India, Australia and several other countries.
Regardless, this reinterpretation seeks to exclude US-born children from automatic citizenship, a move that has sparked significant legal debate and challenges. There are profound implications of such a policy shift, as it revisits the very definition of a “US Citizen”. Because Trump also effectively controls the Supreme Court, there is the very real possibility that the Justices could defer to the President and overrule Wong Kim Ark.
Impact on H-1B and Other Professional Visa Holders
Among the non-citizen population in the U.S., a significant number are temporary professionals from India holding “H1-B” and similar non-immigrant visas. This visa program allows US companies to employ foreign workers. According to data from the US Citizenship and Immigration Services (USCIS), there were approximately two million H1 holders in the US in 2024, of whom approximately 70% are from India. The impact on the Indian diaspora, then, is quite substantial. (However, 1.4 million legal temporary workers is surely a far cry from 10 or 15 million undocumented migrants, as noted above).
Legal Challenges to Executive Order 14156
The issuance of Executive Order 14156 has prompted immediate legal challenges. Civil rights organisations, including the American Civil Liberties Union (ACLU), have filed lawsuits arguing that the order violates the 14th Amendment’s Citizenship Clause. Legal experts contend that the executive order oversteps presidential authority, as the power to alter constitutional interpretations lies with Congress and the judiciary, not the executive branch.
Consequences for India
Should the legal challenges to Executive Order 14156 prove unsuccessful, the affected individuals may face difficult decisions. Without the assurance of citizenship for their US-born children, many Indians might consider returning home. This sentiment is reflected in the significant increase in Google searches: reports indicate a 1,514% surge in searches for terms like “leaving the US” and “moving abroad”. So several Indian-origin residents will undoubtedly return to India where an economic growth rate of 5.5% is considered low.
Implications for Australia
Australia, known for its robust economy and high quality of life, may see an influx of skilled H1B professionals. This could benefit Australia’s labour market but also strain Australia’s immigration processing systems and necessitate adjustments in policy to handle the higher demand. The Australian government would need to carefully assess and manage the social and economic impacts of such demographic changes to maintain social cohesion and economic stability.
The Law of Unintended Consequences
The worst part about this clampdown on skilled, legal immigration is that it could backfire on the US itself! If companies cannot hire foreign workers at an average H1B salary of USD 100,000 (160,000 AUD) or more, they could hire them in places like India. Such employees will spend all their money in India for activities like buying groceries, cars and homes, which would otherwise have returned to the US economy. Ironically, Trump’s Executive Order could end up hurting the economy at a time when he may need all the help he can get to help it.
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