Donald Trump and JD Vance’s campaign promise has sparked major concern among immigrants, particularly Indian-Americans, as it introduces uncertainty around the naturalization of their children as U.S. citizens.
Naturalized citizenship typically grants a person born in the U.S. the right to become a citizen, with the option to retain their parents' citizenship. However, Trump’s campaign includes a pledge to restrict naturalized citizenship, a promise he and Vance have declared will take effect on “Day 1” of their administration.
It is expected that immigration reform will be a primary focus on Trump's first day in office. Throughout his campaign, Trump repeatedly promised to initiate “the largest deportation program in American history” and proposed changes targeting both illegal and legal immigration processes.
A document on Trump’s campaign website outlines his plan to sign an executive order that would direct federal agencies to require at least one parent to be a U.S. citizen or lawful permanent resident for their children to gain automatic U.S. citizenship. This policy would mean that children born in the U.S. to non-citizen, non-resident parents might no longer be eligible for automatic citizenship.
This change would impact the large number of Indian immigrants facing significant green card backlogs, which exceeded 1 million by early 2023. With a green card wait time averaging over 50 years, more than half a million immigrants who moved to the U.S. for work or study may not live to see citizenship. Additionally, around a quarter-million children could “age out” at 21, facing potential undocumented status unless they secure another visa, such as a student visa.
Trump’s proposal is expected to face legal challenges, as many legal experts argue it violates the 14th Amendment, which affirms that all persons born or naturalized in the U.S. are citizens. Section 1 of the 14th Amendment states that no law may abridge the privileges or immunities of U.S. citizens or deny anyone within its jurisdiction equal protection.
Despite this, Trump’s draft executive order asserts that his interpretation of the 14th Amendment is accurate.
According to a Pew Research analysis of the 2022 U.S. census, about 4.8 million Indian-Americans live in the U.S., including 1.6 million who were born and raised in the country as naturalized citizens. If Trump signs the order, the courts will ultimately determine its constitutionality.