New Delhi: In a major setback for President Donald Trump’s immigration agenda, the US Supreme Court has upheld birthright citizenship for children born on American soil. The ruling specifically protects families of nearly 300,000 Indian professionals currently trapped in the H1B visa backlog, as well as foreign students and visitors. By solidifying the constitutional guarantee of citizenship, the decision ensures that children born to parents on temporary visas are automatically granted lifelong residency and citizens’ rights. Here are all the details you need to know about the recent developments in the US about Indian H1B holders.
Good news for Indian H1B holders
For the massive community of Indian H1B holders, many facing decades-long waits for green cards, the verdict provides immense emotional and legal relief. While the parents remain bound to employer-sponsored temporary statuses and strict regulatory hurdles, their US-born children are now completely insulated from deportation risks or shifting executive orders. This definitive ruling effectively dismantles administration efforts to narrow the interpretation of the 14th Amendment for legal non-immigrants.
Also read: India responds to Trump’s new H1B visa rules, says, ‘It will…’
“Today’s ruling is a profound affirmation of who belongs in America. Indians and South Asian immigrant families are among those most directly threatened by Trump’s executive order,” said Chinten Patel, the executive director of Indian American Impact, an organisation promoting political involvement by the community. Referring to the decades-long Green Card backlog for Indians on H1B visas, he said their “children are often born here long before their parents have a clear path to permanency”.
“Today the Supreme Court looked at those families and said: ‘Your children are American. They belong here,” Patel wrote. Chief Justice John Roberts wrote in the majority opinion, “We keep that promise” made in the Constitution’s 14th Amendment to give citizenship to all those born in the US. “Citizenship, then and now, was the right to have rights — to freely participate in our political community”, he said.
Indian American member of Congress Premila Jayapal welcomed the Supreme Court verdict and wrote on X, “I am an immigrant. I know what this country’s promises mean when they are kept, and I know what it costs when they are broken”.
(With inputs from agencies)
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