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Trump says will appeal birthright citizenship order

Jan 25, 2025 10:12 AM IST

Court stay offers relief to Indians but concern about long term fight, other immigration battles. A group of 18 states have filed a challenge in Massachusetts, while the Seattle order was in response to a challenge filed by four other states

Washington: Even as a US federal judge in Seattle issued a two-week restraining order on US President Donald Trump’s birthright citizenship order and termed it as “blatantly unconstitutional”; Trump said that he was not surprised and would appeal against the judgment.

US President Donald Trump and First Lady Melania Trump are greeted by California Governor Gavin Newsom upon arrival at Los Angeles International Airport in Los Angeles, California, on Friday. (AFP)
US President Donald Trump and First Lady Melania Trump are greeted by California Governor Gavin Newsom upon arrival at Los Angeles International Airport in Los Angeles, California, on Friday. (AFP)

The order has led to a degree of relief within Indian diaspora. But this relief is also coupled with a growing realisation that the court reprieve is just one step in larger battle on immigration that may just have begun.

On Thursday, in Seattle, a Ronald Reagan-appointed federal judge, John C Coughenour, said that in his 40 years of presiding over cases, he had never seen an order that was so explicitly unconstitutional. On Day 1 of his presidency, in an executive order, Trump decreed that unless one parent of a child born in America was an American citizen or a green card holder, the child won’t be considered American citizen. The 14th Amendment of the US Constitution states that all those born in the US, and subject to the jurisdiction of the US, are citizens.

Asked about the order, Trump told reporters on Thursday in the Oval Office, “Obviously, we will appeal it. They put it before a certain judge in Seattle, I guess. Right? And there’s no surprises with that judge.”

Trump’s decision had caused widespread alarm in the Indian diaspora, given its impact on all those in the US on temporary visas, including work visas (H-1B and L1), dependent visas (H4), student visas (F), and academic exchange visas (J) among others.

But the two-week restraining order has led to relief and reinforced the sense that Trump’s order, which comes into effect on February 20, won’t pass legal muster. A group of 18 states have filed a challenge in Massachusetts, while the Seattle order was in response to a challenge filed by four other states. Civil liberties organisations are pursuing their own legal paths.

Asked about the restraining order, Democratic Congressman Ro Khanna of California told HT, “I am confident that the Supreme Court will find that if you are born in America you are American. Trump’s cruel and unconstitutional order is targeting the American born children of those on H1-B visas and student visas.”

At the same time, given Trump’s decision to appeal, and the fact that the issue is now a part of American mainstream discourse, with supportive statements for Trump’s decision from a range of Republican legislators, there is a sense in the community that issue won’t go away.

A protracted battle

Asked if he saw this as the end or the beginning of a protracted battle, Sanjeev Joshipura, the executive director of Indiaspora said, “The judge’s stay on the executive order is merely the start of a long, passionate and heated conversation that will involve the executive, judicial and legislative branches of government. It will unfortunately be an uncertain time for tens of thousands of people, both in the Indian diaspora and others. Like with many other issues, on this one too, fasten your seat belts and strap in for the ride.”

Besides the specific order on birthright citizenship, which would deprive children born in the US of citizenship, another issue that affects Indian immigrants is the fate of children who moved with their legal immigrant parents when they were young, have lived all their lives in the US, but then face deportation or lack a status because they are not eligible for citizenship. For them, the real battle lies in legal immigration reform.

Dip Patel, founder of Improve The Dream, an advocacy organisation, said, “President Trump and Elon Musk have agreed legal immigration is necessary and supported H-1B. The biggest issue we have advocated is for children of legal immigrants, including H-1B visa holders, who age out. The way we can mobilise around this issue and the green card backlog is share our stores with legislators and have Americans we know — in our communities and workplaces and neighbourhoods — show that they care about this issue.”

Patel said that he felt there was a difference between loud few disagreeing with Musk and Trump on legal migration on social media and the views of most Americans who support legal migration. “When the time comes for legal immigration reform, we hope Trump and Musk will be able to push this issue.”

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