President Donald Trump recently signed an executive order that would impact the lives of babies born to parents holding temporary work or student visas in the United States. Effective as of February 20, this order would strip these children of eligibility for birthright citizenship. Aarti Kohli, the executive director of the Asian Law Caucus, expressed concerns that these babies would essentially become stateless, unable to access essential public services. While much of the media attention has been on undocumented residents, the implications for more than 1 million H-1B visa holders waiting for green cards are significant. With per-country caps limiting the number of green cards available each year, the wait time for permanent residency could span up to 80 years, impacting over 70% of highly skilled H-1B visa holders from India.
Stateless in America
Kohli highlighted the heartbreaking reality that children born to parents with H-1B or H-4 visas face the risk of being stateless in the US. This would not only deprive them of critical health and nutrition support but could also affect their educational opportunities. While they can attend elementary school, these children might be ineligible for higher education depending on their state of residence. Kohli emphasized the devastating impact of the executive order, stating that it undermines a fundamental American principle of inclusivity and rapid integration. She stressed the importance of fostering a society where individuals from all backgrounds can feel a sense of belonging and acceptance within a single generation, a unique aspect of American identity that sets it apart from many other nations.
Kohli further cautioned that the executive order would create bureaucratic hurdles for all parents, necessitating proof of citizenship or legal residency when accessing benefits for their children or obtaining social security cards. Uncertainty loomed over whether hospitals could issue birth certificates to children of non-permanent resident parents, potentially adding another layer of complexity to an already challenging situation. The prospect of obtaining birth certificates or citizenship from the parents’ home countries posed additional obstacles, particularly for individuals with no viable country to return to, rendering them stateless.
Legal Battles and Injunctions
Following the signing of the executive order, numerous civil rights organizations and 22 states swiftly lodged lawsuits challenging its constitutionality. In a landmark decision, Federal District Court Judge John Coughenour granted an injunction on January 23, effectively halting the implementation of the executive order for a minimum of 14 days. Judge Coughenour’s ruling underscored the potential violations of the constitution inherent in the order, providing a temporary reprieve for affected families and advocates fighting for their rights.
The repercussions of this executive order extend far beyond bureaucratic technicalities, delving into profound moral and ethical questions about the treatment of immigrants and their families in the US. As the legal battles continue to unfold, the fate of these children born to H-1B and H-4 visa holders hangs in the balance, underscoring the need for a compassionate and inclusive approach to immigration policies. In a nation built by immigrants, the protection of fundamental rights and values remains a cornerstone of a just and equitable society.