In a significant legal victory for Indian tech workers and other immigrants in the United States, a federal judge in Maryland has blocked President Donald Trump’s controversial move to restrict automatic birthright citizenship. The ruling has brought a sense of relief to families waiting for green cards and underscores the ongoing legal battles surrounding Trump’s broader immigration crackdown.
On Wednesday, US District Judge Deborah Boardman ruled that there was a “very strong” likelihood that the executive order Trump signed on his first day in office violated the US Constitution. Her ruling applies nationwide and will remain in effect while the case moves forward. This decision builds on an earlier temporary pause from a federal judge in Seattle, who had already labelled Trump’s order as “blatantly unconstitutional.”
The impact of Trump’s executive order
Trump’s executive order aimed to strip US citizenship from babies born in the country to parents who were not permanent residents. This included children born to those on work, study, or visitor visas, significantly impacting the Indian tech community, especially those holding H-1B work visas. For many of these workers, the long wait for green cards can stretch over decades, creating significant uncertainty for their children, who could have been denied automatic citizenship.
The Maryland case, brought by immigrant advocacy groups, is just one of at least nine lawsuits challenging the executive order. In addition to restricting birthright citizenship, the order would have denied citizenship to babies born to undocumented parents and those on temporary visas, including H-1B, H-4 (dependent), L (intra-company transfer), and F (student) visas. Courts in Seattle and Boston are expected to hear similar challenges in the coming days.
Judge Boardman stated that the executive order conflicts with the plain language of the 14th Amendment, which guarantees citizenship to anyone born on US soil. She further noted that it contradicted over 125 years of Supreme Court precedent, and undermined the US’s 250-year history of birthright citizenship.
Widespread concerns among immigrant families
For the Indian community, particularly those with temporary work visas, Trump’s executive order created widespread concern. With over 4 to 5 million Indian Americans residing in the US, the potential loss of automatic citizenship would have profound implications for their children. Without automatic citizenship, children could be denied access to in-state tuition, scholarships, and federal financial aid, significantly affecting their educational prospects. Moreover, families stuck in green card backlogs would face the added fear that their children could be forced to self-deport upon turning 21 unless they secured another visa.
“This particularly affects Indian families, many of whom are stuck in lengthy green card backlogs,” said Roma Priya, founder of Burgeon Law. She added that H-1B visa holders, who already face complicated immigration processes, would have their children’s futures thrown into uncertainty.
Currently, over 1 million Indian immigrants are waiting for employment-based green cards. Trump’s order had specified that children born to parents on temporary visas like H-1B or visitor visas would not gain citizenship unless at least one parent was a green card holder or a US citizen.
Concerns over economic impact
Legal experts have warned that Trump’s order would have wider implications, not just for families, but for industries heavily reliant on immigrant labour, such as healthcare, education, and research. Many of these sectors depend on skilled workers, such as those on H-1B visas, to fill critical roles.
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“This could have a ripple effect on the US economy,” said Smita Paliwal, partner at King Stubb & Kasiva, a law firm. “Industries such as healthcare and research are already dependent on immigrant workers, and this order could create significant challenges for these sectors.”
Pre-term births and the rush to beat the deadline
In response to the executive order, many Indian women in the US rushed to have pre-term deliveries to ensure their children were born before the February 20 deadline when the order was set to take effect. Maternity clinics reported an increase in requests for early births and C-sections, with some women seeking to deliver their babies as early as the seventh or eighth month of pregnancy.
“There is an urgent need for legislative reform to address green card backlogs and streamline immigration processes,” said Varun Singh, of XIPHIAS Immigration, a consultancy firm. “Immigrants who contribute to the US economy should not be left in prolonged uncertainty.”
A major relief for families
For now, the judge’s ruling has provided a major relief to families that would have been directly impacted by the executive order. This decision represents a significant blow to Trump’s efforts to alter long-standing immigration policies, and it provides a glimmer of hope for families caught in the complex and often frustrating US immigration system.
As the case progresses, immigrant rights advocates are hopeful that the ruling could lead to a broader examination of Trump’s immigration policies, providing families with the stability they need to navigate the often-turbulent journey to citizenship and permanent residency.
