The United States Supreme Court has decided to hear a crucial appeal from the White House concerning a controversial executive order signed by former President Donald Trump. The order, dated January 20, aims to restrict the long-standing principle of birthright citizenship in the country.
What the Executive Order Seeks to Change
At its core, the directive challenges the automatic grant of citizenship to children born on US soil. It proposes to deny citizenship if the child's mother is in a temporary lawful status, such as an H-4 dependent visa, or has no legal status, provided the father is neither a US citizen nor a permanent resident. This represents a significant reinterpretation of the citizenship clause in the 14th Amendment of the US Constitution.
Currently, the US government is prevented from enforcing this order due to four separate injunctions issued by lower courts. By taking the matter to the Supreme Court, the Trump administration hopes to secure a ruling that validates its new legal stance and allows the order to be implemented.
Timeline and Potential Impact on Indian Families
Oral arguments before the Supreme Court are anticipated in 2026, with a final verdict likely by mid-2026. This legal battle has profound implications, especially for the large Indian diaspora in the United States.
As previously reported, the order would apply to babies born after February 19, 2025, if neither biological parent is a US citizen or green card holder. Immigration experts highlight that this would disproportionately affect families caught in the decades-long employment-based green card backlog, a significant number of whom are Indian professionals on H-1B visas.
Under the proposed change, a child born to an H-1B worker and an H-4 dependent spouse would inherit only the mother's temporary immigration status, not US citizenship. In more severe scenarios where the mother lacks legal status, the newborn could be classified as unlawfully present from birth, making the child subject to potential removal proceedings.
Legal Challenges and Reactions
The litigation revolves around the Trump administration's sweeping reinterpretation of the phrase "subject to the jurisdiction thereof" in the 14th Amendment, a move that seeks to overturn more than a century of established law.
Immigrant-rights groups have reacted strongly to the Supreme Court's decision to hear the case. Todd Schulte, president of the bipartisan political organization FWD.us, stated, "The Trump administration’s continued, unlawful, and unconstitutional efforts... have continually been blocked by the courts. As the SC has decided to take up this case on the merits, the court should and must be as clear as the constitution: those born in the United States are citizens, and no president can overturn the constitution by executive order."
While a recent Supreme Court ruling on June 27 limited the power of lower courts to issue broad injunctions, the existing injunctions against this executive order remain in effect. They will continue to protect affected families until a final Supreme Court order is issued, providing a temporary shield against the policy's implementation.
