Indian Parents Face Uncertainty Over US Citizenship for Newborns in 2025

Because the principle of birthright citizenship is included in the 14th Amendment, parents from India on temporary visas in America often feel very concerned about the subject. While the US Supreme Court mulls over an executive order addressing birthright citizenship, thousands of Indian families are unsure if their children born in the US can become American citizens. More Indians are consulting immigration lawyers, making tough decisions about having children and are very worried about their future.

Backdrop: The Executive Order and Its Implications

The launch pad for anxiety is a former president’s executive order aimed at seizing or withholding U.S. citizenship from children born inside the country to people on temporary visas from another country. Before the Supreme Court has addressed its legality, the order has already put a shadow over the planning of families planning to start a family in the US.

Immigration specialists say that getting approval for temporary visas for expectant mothers is now taking much more time, causing many concerned parents to seek expert advice about their children’s future. There are people contemplating moving to places that have ignored the Trump order so their children will not have their citizenship endangered.

Also Read: Trump’s $5M ‘Gold Card’ Visa: Registration Opens Next Week

Legal Uncertainty: The Supreme Court’s Role

The court began discussing the executive order on May 15, 2025. Most attention has so far been given to whether a nationwide injunction should exist, not whether the executive order itself is legally justified. Because the procedure is the focus, it still isn’t clear if the order will be upheld, meaning expectant parents remain in doubt.

According to Sukanya Raman, country head at Davies and Associates, “The scenario for Indian nationals on temporary visas expecting children in the US is quite uncertain. Depending on the jurisdiction, children born in the US may or may not automatically acquire citizenship. This is complicating decisions around childbirth and long-term residency planning”.

The Numbers: Who Is Affected?

Experts think that around 150,000 newborns every year could be deprived of US citizenship if the executive order is put in place. While Indian groups comprise a smaller group in the effort, the large number of Indian nationals residing in the US on visas such as H-1B, H-4, F-1 and OPT1 could greatly change the outcome.

Senior immigration attorney Prachi Shah has noticed that a steady stream of inquiries from Indian nationals has come to the firm since Executive Order 14160 was issued. The problem is especially challenging for people who have spent years, sometimes decades, in the US, creating careers and families as they await permanent residency.

How Does Birth Tourism Use the 14th Amendment to Gain Benefits?

Lots of debates in the United States have centered on the issue of “birth tourism”2, where visitors from other countries travel to the US to have their kids become citizens. Women from Russia, China and Nigeria have long used this route, but more and more Indian nationals are now choosing it.

Thanks to the 14th Amendment, every person born or naturalised in the United States qualifies for citizenship. In practice, having a baby in the United States almost always grants the newborn citizenship, regardless of how the parents got to the country. The Trump executive order claims that, according to birth certificates, children should not be granted citizenship if their parents are in the USA with temporary visas or without official papers.

Also Read: US Visa Ban Hits Indian Travel Agencies Over Illegal Entry

Indian Families: Anxiety and Legal Limbo

Because of the uncertainty, parents in India are now seeking legal services in greater numbers. Many H-1B, H-4, F-1 and OPT visa holders seeking to have children come to see immigration attorneys to get information about their options and the risks to their unborn children’s U.S. citizenship.

Rajiv Khanna, managing attorney at Immigration.com, described the situation as “egregious,” noting, “For some parents, it’s devastating because to have a child in the US after decades of living here and not have them be a US citizen is ridiculous”. With green card backlogs often stretching 10-15 years, many legal immigrants see birthright citizenship as a crucial safeguard for their children’s future.

State-by-State Variations and Legal Strategies

A complication of the executive order is that states differ in how they give it recognition and enforce its provisions. A number of states still do not accept the Trump policy, so some parents are looking to move so their children can get U.S. citizenship. Nevertheless, this inconsistency brings more confusion for families who are facing great stress as it is.

According to Jath Shao, principal attorney at Shao Law Firm, because the US Census does not gather information on parental status, “Roughly 21-25% of babies in the United States have parents who are foreign citizens.” He also notes that Trump lawyers are trying to bury the issue by focusing on details and having every state and plaintiff duke it out in court.

Different Perspective: Impact of the Indian Diaspora on US Immigration

The continuing uncertainty affects Indian families as well as the entire Indian community living in the US. Future plans for those with temporary visas from India could change as a result of any alterations to U.S. birthright citizenship legislation. In addition, the case points to the fact that changes in immigration policy and court cases can mean families are in a holding pattern for years in the US. People in India and across America’s immigrant communities will keep a close eye on the result of the Supreme Court’s deliberations.

Expert Opinions: The Path Forward

Experts in law are saying that the court’s decision will be up in the air until the hearing concludes. According to Rajiv Khanna, the hearing did not give a specific outcome regarding what will take place. They have to face the uncertainty brought by legal uncertainty, which can seriously harm their children’s prospects.

Indian families are suggested by attorneys to learn the latest, use established lawyers and investigate every opportunity — even if it involves giving birth elsewhere or using different ways to obtain residency and citizenship.

Also Read: US Green Cards at Risk: Proposed Rule Could Allow Revocation at Any Time

Conclusion

The Supreme Court is currently considering an executive order by Trump that threatens the citizenship of children born in the US to Indian parents on temporary visas. Because of the uncertainty, families across the country must make tough choices, which brings attention to the many difficulties and complexities found in US immigration law. The Indian diaspora and other immigrant communities across the country continue to await a verdict that might guide their future for a long time.

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