US Supreme Court Protects Birthright Citizenship, Relief for Indian Families

In a landmark ruling, the US Supreme Court has protected the constitutional right of birthright citizenship, delivering a significant blow to President Donald Trump’s efforts to restrict automatic citizenship for children born on American soil. The verdict comes as a major relief for thousands of Indian families living in the United States while waiting for permanent residency.

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Soon after beginning his second term, Donald Trump proposed ending automatic US citizenship for children born to undocumented immigrants and certain foreign nationals, including tourists. However, the Supreme Court made it clear that the US Constitution takes precedence over any presidential executive order.

Constitution Prevails Over Executive Orders

The Court reaffirmed that the 14th Amendment guarantees US citizenship to every child born in the United States and that this constitutional protection cannot be taken away through executive action.

The judgment reinforces a legal principle that has remained the foundation of American citizenship laws for more than 150 years.

Why the 14th Amendment Matters

The 14th Amendment, adopted in 1868 after the American Civil War, was introduced to guarantee equal rights and citizenship to formerly enslaved African Americans. Its Citizenship Clause states that every person born in the United States and subject to its jurisdiction is automatically a US citizen.

The Supreme Court had already strengthened this principle in the landmark United States v. Wong Kim Ark (1898) case by recognizing birthright citizenship for the US-born child of Chinese immigrants.

Although Trump’s legal team argued that the amendment was originally intended only for formerly enslaved people, the Court ruled that the Constitution provides equal protection to everyone born in the country.

Huge Relief for Indian Green Card Applicants

The ruling is particularly significant for Indian professionals working in the US on H-1B visas and waiting years for Green Cards.

Many children of Indian visa holders, commonly known as Documented Dreamers, grow up in the United States but remain dependent on their parents’ immigration status. Under current immigration rules, they lose dependent visa eligibility after turning 21 years old, a problem widely known as “Aged Out.”

Without permanent residency, these young adults are often forced to obtain their own visa or leave the country.

The Supreme Court’s decision protects children born in the US from this uncertainty because they are American citizens by birth. They will not face deportation after turning 21 and, once they become adults, they can also sponsor their parents for Green Cards under existing immigration laws.

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