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Due to the uncertainty surrounding their children’s naturalisation as US citizens, immigrants, particularly Indian-Americans, are extremely concerned about Donald Trump and JD Vance’s campaign pledge.
A naturalised citizen is someone who, if they choose to do so, becomes a citizen of a country simply by virtue of their birth. Such a person can choose to become a citizen of their country of birth at any point in their lifetime, provided they maintain their citizenship in the nation of their ethnicity.
The goal of Donald Trump’s campaign was to limit naturalised citizenship. His campaign document included the promise that he and Vance would complete it on “Day 1.”
It is anticipated that a significant portion of Donald Trump’s and his deputy JD Vance’s “Day 1” will be devoted to the immigration debate.
At nearly all of his rallies during the election campaign, Mr. Trump declared, “On Day 1, I will launch the largest deportation programme in American history.” Mr. Trump is planning significant changes to the United States’ immigration policy, and he plans to target not only illegal immigrants but also the legal system.
On the first day of his presidency, Donald Trump will sign an executive order to restrict immigration, according to the document posted on his campaign website. In order for future children to automatically become citizens of the United States, the order will “direct federal agencies to require that at least one parent be a US citizen or lawful permanent resident.”
This implies that children born in the United States but whose parents are neither citizens or permanent residents (PR) of the United States may not be eligible for automatic citizenship through naturalisation in the future.
The backlog of Indian employment-based green cards is thought to have surpassed one million in the first quarter of 2023, though official numbers are unknown. It takes more than 50 years on average to obtain a green card, or US citizenship.
It implies that over half a million young immigrants who came to the US for employment or study will probably pass away before obtaining US citizenship. Additionally, it means that almost a quarter of a million children who are waiting to become citizens will reach the legal, acceptable age of 21, after which they would be considered illegal immigrants if they remain past that age without a different type of visa, such as a student visa.
Legal experts believe that Donald Trump’s executive order that restricts naturalised citizenship is unconstitutional because it violates the 14th Amendment, so it will undoubtedly be challenged.
“All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,” according to Section 1 of the US Constitution’s 14th Amendment. No state may enact or enforce legislation that restricts the rights or privileges of US citizens, denies anyone within its borders equal protection under the law, or takes away someone is life, liberty, or property without following the proper legal procedures.
Nonetheless, the executive order’s draft asserts that it correctly interprets the US Constitution’s 14th Amendment.
According to Pew Research’s analysis of the 2022 US census, there are an estimated 4.8 million Indian-Americans who have made the US their home. 1.6 million of these Indian Americans are naturalised citizens because they were born and reared in the United States.
The courts will have to determine whether the executive order is unconstitutional if Donald Trump signs it.