As Donald Trump assumed office in the Oval Office, he wasted no time in taking action. Trump had signed as many as 80 executive orders. These included declaring a national emergency at the US-Mexico border, withdrawing from the Paris Agreement and the World Health Organization (WHO), and ending birthright citizenship. Among these, the order ending birthright citizenship emerged as the most controversial.
Many social media users seized this opportunity to criticize the Indian government, claiming that children born to Indian parents in the US would no longer be eligible for automatic American citizenship under Trump’s order. Some users implied that the executive order specifically targets Indians, urging NRIs to protest against the Indian government in response.
X handle Indian Gems claimed, ‘Children born to Indian couples will not be eligible for automatic USA’s citizenship – Donald Trump. NRIs should come back to India in protest & contribute in Amritkaal.’
Children born to Indian couples will not be eligible for automatic USA's citizenship
— 🚨Indian Gems (@IndianGems_) January 21, 2025
– Donald Trump 😭😂
NRIs should come back to India in protest & contribute in Amritkaal. pic.twitter.com/rTAGrI389m
Amoxicillin, Rajni, Rinku and CA Meenal Goyal shared these claims.
Also Read: No, EAM S. Jaishankar Was Not Asked to Leave During Trump Inauguration Ceremony
Fact Check
We began our fact-checking process by reviewing the executive order signed by President Donald Trump regarding the end of birthright citizenship. According to a CBS News report published on January 20, President Trump issued an order directing federal agencies to deny birthright citizenship to children born in the U.S. to parents who are unauthorized immigrants or temporary visa holders. This move challenges the long-standing interpretation of the 14th Amendment, which has been understood to grant automatic citizenship to anyone born on U.S. soil, regardless of their parents’ immigration status. Legal challenges to this executive action are expected.
Birthright citizenship grants U.S. citizenship to anyone born in the country, regardless of their parents’ status. The Citizenship Clause of the 14th Amendment states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
The 14th Amendment, passed by Congress in 1866 and ratified in 1868, was enacted during the Reconstruction era to extend citizenship rights to those born on U.S. soil, particularly invalidating the Dred Scott decision, which had denied citizenship to slaves and their descendants.
Furthermore, in its January 22 report, the Hindustan Times stated that President Trump announced new criteria for citizenship: at least one parent of a newborn must be a U.S. citizen or a green card holder for the child to receive U.S. citizenship. This decision could significantly impact those on temporary visa statuses, including hundreds of thousands of Indians holding H-1B or L1 work visas, H4 dependent visas, F1 student visas, J1 academic visitor visas, or B1/B2 business and tourist visas. The order applies to children born on or after February 20, 2025, 30 days after the order was issued. However, it has already been challenged in courts in New Hampshire and Massachusetts, and it will not take effect if courts issue a stay within the next month.
According to a January 21, Indian Express report, the executive order defines people not “subject to the jurisdiction” of the U.S. Constitution in two ways:
1. A child born when the mother was unlawfully present in the U.S., and the father was neither a U.S. citizen nor a lawful permanent resident.
2. A child born when the mother’s stay in the U.S. was legal but temporary, such as when on a student, work, tourist, or visa waiver program, and the father was neither a U.S. citizen nor a lawful permanent resident.
The order also defines the terms “mother” as the biological female progenitor and “father” as the biological male progenitor.
The Indian Express also highlighted those most likely to be affected. According to 2024 data from the Pew Research Center, the U.S. foreign-born population reached a record 47.8 million in 2023, marking the largest annual increase in over 20 years. In 2022, Mexico accounted for the highest number of new immigrants (150,000), followed by India (145,000) and China (90,000). Other significant sources of new immigrants included Venezuela, Cuba, Brazil, and Canada, each contributing 50,000–60,000 arrivals.
Hence, President Trump’s executive order to end birthright citizenship could impact many immigrants, not just Indians. Although it mainly affects children born in the U.S. to parents on temporary visas or without legal status, it will have wide-reaching effects on people from various countries, including Mexico, China, and other nations with large immigrant populations.
| Claim | Only Indians will be affected by the new executive order signed by Trump canceling birthright citizenship. |
| Claimed by | Social media users |
| Fact Check | The claim that only Indians will be affected by President Trump’s executive order canceling birthright citizenship is inaccurate. The order will impact all children born in the U.S. to parents on temporary visas or unauthorized immigrants, regardless of nationality. |
