A wave of unease has swept across immigrant communities, especially among expectant Indian mothers, following President Donald Trump’s latest executive order to terminate birthright citizenship for certain babies born within the United States.
The order is entitled “Protecting the Meaning and Value of American Citizenship,” signed on January 20, 2025, and is set to take effect on and after February 19, 2025.
It stipulates that babies born within the jurisdiction of the United States to parents neither a U.S. citizen nor a lawful permanent resident will no longer receive U.S. citizenship automatically.
Race for Preterm Births
With only a short time before the enactment of this change, many expectant Indian mothers are rushing to complete the applicable paperwork for a premature birth before this is done.
Reports have shown a very notable increase in requests for preterm cesarean sections.
Dr. SD Rama, who works at a maternity clinic in New Jersey, said, “A woman who is seven months pregnant came with her husband to schedule the early delivery. She’s due in March.”
This echoing across countries is indicative of the lengths many families are going to just to get citizenship for their babies under current law.
Legal and Medical Positions
The demand for preterm deliveries has raised alarm bells in the medical community. Health professionals have warned against elective preterm births, which can carry needless risks for the mother and the baby.
In New York, Dr. Anita Patel, an obstetrician, said, “Even though we understand the anxieties of the parents to be, the health and well-being of both mother and baby has to be the primary concern. This is an ever-growing complication, and elective deliveries should only take place when necessary for the health of mother and baby.”
Legal Challenges Against the Executive Order
The executive order raised an immediate legal challenge. A coalition of eighteen state attorneys general sued the United States District Court for the District of Massachusetts, claiming that the order violates the Fourteenth Amendment to the U.S. Constitution.
The order guarantees citizenship for all those born on U.S. soil. Further, immigrant rights groups filed legal actions on behalf of those affected families, requesting an injunction to stop the implementation of the order.
Response of the Indian Government
In response to the situation unfolding, External Affairs Minister of India S. Jaishankar said that India is ready for the “legitimate return” of undocumented Indian immigrants.
With respect to this immigration situation, he said that the particular Indian government is in the process of verifying the names of individuals who may be deported from the U.S., pointing out that the precedence of law rules out any illegality.
Community Concerns and Future Prospects
The Indian diaspora in the U.S. is feeling escalated anxiety with the change in policy.
The community organizations are coming forth to help out and make outreach to the families involved.
Legal experts, however, would advise the parents-to-be to contact immigration attorneys for advice on their rights and possible avenues for recourse.
With the February 19 deadline looming ahead, the situation is hanging in the balance. Ongoing legal battles might affect the unfortunate execution of the executive order.
In the meantime, families should keep in mind information that they hear through reliable sources and should be in touch with professional legal counsel to face the vexing situations arising out of this policy change.
