South Asian Groups Fight Birthright Citizenship Change in US Supreme Court
A group of South American advocacy organizations is warning the US Supreme Court that a plan to end automatic citizenship for babies born in the US could create a generation of children without any country to call home. They say the change would hurt Indian-American families and the wider South Asian community the most.
What’s the Big Change?
An executive order would stop giving US citizenship to babies born in the United States unless at least one parent is already a US citizen or has a permanent resident card (a green card). Before this order, any child born on US soil automatically became a citizen, a right guaranteed by the 14th Amendment.
Why Indian Families Are Worried
Many Indian families in the US are stuck in an extremely long line for green cards because of annual limits and country caps. This means a child born to parents waiting in this line—sometimes for decades—would not be a US citizen under the new rule. The coalition points out that about 1.6 million Indian Americans were born in the US and are citizens because of birthright rights.
A History of Citizenship Insecurity
The groups cite a dark chapter from the 1920s. In the United States v. Bhagat Singh Thind case, the Supreme Court ruled that Indians were not “white” and could not become citizens, even though they were legally considered Caucasian. This led to many South Asians losing their citizenship and facing legal danger. The coalition warns this new order could bring back that kind of uncertainty.
The Green Card Backlog Problem
The US has a huge backlog for employment-based green cards, and people from India hold about 63% of that waitlist. As of late 2023, over 1.2 million Indians were waiting. With current laws, the backlog for Indian applicants could grow to over 2.2 million by 2030. Some people in the queue are expected to die before they get a green card. Babies born to these parents during the wait would be affected the most.
Economic and “Stateless” Risks
The brief also warns that creating fear and instability for immigrant families could harm the US economy. South Asians, especially Indian-born professionals, are a major part of the US tech, healthcare, and small business sectors. Losing this talent could cause a “brain drain.”
The most serious fear is that children could become “stateless”—with no citizenship from any country. Some South Asian nations don’t automatically grant citizenship to children born abroad. The report estimates that 255,000 children could be born without citizenship each year if the order stands. These kids would face a “legal limbo from birth,” making it harder to get education, healthcare, and jobs later.
What Do They Want the Court to Do?
The coalition is asking the Supreme Court to block the executive order. They argue the Constitution does not allow citizenship to be decided by a president’s order. It must be protected as a fundamental right for anyone born on US soil.
