Neha Satpute and Akshay Pise were eagerly anticipating the arrival of their first child. After working in the US for over a decade as skilled foreign workers on H-1B visas, this Indian couple, both engineers, had envisioned their son – expected to be born on 26 February – as an American citizen. They had established a stable life in San Jose, California, where they were employed at a tech firm with supportive parental leave policies.
Their dreams took a sudden turn when President Donald Trump introduced a rule that could potentially deny automatic US citizenship to children born to temporary foreign workers. This rule challenged the longstanding practice of granting birthright citizenship regardless of the parents’ immigration status.
While two federal judges have temporarily halted the order pending further legal proceedings, the cloud of uncertainty continues to loom over Akshay, Neha, and many others in similar situations. The couple is unsure about the nationality their child will hold if the order were to take effect, thrusting them into unknown territory.
Immigration attorney Cyrus Mehta, based in New York, emphasizes the validity of their concerns, noting that US law does not offer non-immigrant status to individuals born in the country.
With their baby’s due date approaching, Neha and Akshay faced the decision of inducing labor early, but they opted to let nature take its course, prioritizing the safety and health of both mother and child over citizenship concerns.
The American Association of Physicians of Indian Origin (AAPI), led by Dr. Satheesh Kathula, cautioned against unnecessary early deliveries solely for citizenship purposes, reinforcing the ethical stance of most physicians in the country.
The uncertainty surrounding birthright citizenship has struck a chord with South Asian parents-to-be, particularly those on H-1B visas, as the order could have significant implications for their children’s citizenship status.
While Trump’s order exempts the children of lawful permanent residents from its impact, Indians face prolonged waits for green cards, affecting their ability to secure permanent residency in the US.
The statistics reveal the disproportionate impact on Indians, with a significant backlog of those waiting for green cards, underscoring the uncertainties and challenges faced by immigrant families in navigating these complex legal landscapes.
In a report from 2012, Cato’s director of immigration studies, David Bier, issued a stark warning regarding the challenges faced by new Indian applicants seeking green cards. Bier emphasized that a staggering 400,000 individuals were likely to pass away before ever receiving the coveted permanent residency status. This marks a stark contrast to the swift process most other immigrants undergo, typically securing their green cards within a year and expediting their journey to citizenship.
The potential ramifications of President Trump’s executive order loom large, particularly for undocumented migrants residing in the United States. Families with US-born children, who previously gained automatic citizenship and could later sponsor their parents for green cards upon turning 21, now face an uncertain future. The impact is significant within the Indian community, with estimates suggesting 725,000 undocumented Indian immigrants in the US as of 2022, positioning them as the third-largest unauthorized group. However, figures from the Migration Policy Institute paint a different picture, placing India in fifth place with 375,000 undocumented immigrants. Despite variations in statistics, unauthorized immigrants represent 3% of the US population and a notable 22% of the foreign-born population.
For Indian nationals holding H-1B or O visas, the quality of life for their children stands as a paramount concern. The obligatory visa stamping process, requiring periodic visits to a US embassy abroad, presents logistical challenges. Delays in securing appointments upon returning to India for stamping are all too common, fueling fears that their US-born children might encounter similar bureaucratic hurdles in the future.
The plight of individuals like Akshay, who has spent years in the green card queue, sheds light on the practical advantages of US citizenship. With aging parents and the complexities of travel intensified by visa stamping coordination, Akshay underscores the importance of citizenship for familial stability. His sentiments resonate with many in similar situations, emphasizing the necessity of expedited processes to alleviate bureaucratic burdens.
Among the medical community, opposition to Trump’s decree is resolute, particularly from physicians advocating for foreign skilled workers’ indispensable role in healthcare provision. Dr. Kathula emphasizes the vital contributions of Indian doctors in rural regions like North and South Dakota, underscoring their irreplaceable presence in upholding healthcare services. Urging for swifter green card procedures and birthright citizenship for workers’ children, Dr. Kathula underscores the imperative recognition of their contributions to American society.
The uncertainty instigated by Trump’s order reverberates across Indian immigrants on student and work visas, exacerbating existing legal precariousness. The reassurance of their US-born children’s citizenship, once a steadfast guarantee, is now cast into doubt, prompting individuals like San Jose resident Priyanshi Jajoo to seek clarity amidst the evolving landscape. As she anticipates the arrival of her child in April, the lack of information surrounding potential changes underscores the heightened anxiety permeating immigrant communities.
For Neha, the impending birth of her son is accompanied by an added layer
