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IMMIGRATION APRIL 17, 2026 | The Indian Eye 36
Beyond Future Newborns:
How Upholding Trump’s
Birthright Citizenship Order
Could Jeopardize Tens of Millions
of Existing Americans
BY CYRUS D. MEHTA AND The executive order, which in the United States and
was discussed in detail in a the father was not a Unit-
KAITLYN BOX*
prior blog, interprets the lan- ed States citizen or lawful
guage “subject to the juris- permanent resident at the
n April 1, the Su- diction thereof” in the Four- time of said person’s birth,
preme Court heard
Ooral argument in teenth Amendment to mean 2. or when that person’s
that U.S. citizenship does not
mother’s presence in the
Trump v. Barbara, a case extend to individuals born in United States at the time
which raises a 14th Amend- the United States: of said person’s birth was
ment challenge to President 1. when that person’s moth- lawful but temporary (such
Trump’s executive order re- er was unlawfully present as, but not limited to, visit-
string birthright citizenship.
ing the United States un-
der the auspices of the
Visa Waiver Program
or visiting on a student,
work, or tourist visa)
and the father was not a
United States citizen or
lawful permanent resi-
dent at the time of said
person’s birth.
The plaintiffs, most- identity, Justice Barrett said: citizen because the parent
ly noncitizen parents “The thing about this didn’t have an intent to stay?”
of children born in the is, and then you have to ad- If implemented, the
United States, argued judicate, if you’re looking at executive order could have
that the executive order parents, and if you’re look- perverse and far-reaching
violates the 14th Amend- ing at parents’ domicile, then consequences. Children born
ment and 8 U.S.C. § you have to adjudicate both in the United States to un-
1401(a), which guarantee residents and intent to stay. documented parents would
those born in the Unit- What if you don’t know who be left without legal status.
ed States citizenship. the parents are?… “How Because some countries do
The Supreme Court would it work? How would not automatically confer
appeared largely unper- you adjudicate these cases? citizenship to children born
m of suaded by the Trump You’re not gonna know at abroad based on their par-
CYRUS D. MEHTA & PARTNERS PLLC Administration’s argu- the time of birth, for some ents’ status, some children
ments in support of the
people, whether they have
in this situation could even
executive order. In her the intent to stay or not… be born stateless. The U.S.
colloquy, Justice Amy Including U.S. citizens, by born children of parents who
Coney Barrett noted the the way. I mean, what if you hold a valid nonimmigrant
potential for “messy” have someone who is living status, such as H-1B and
outcomes in the imple- in Norway with their hus- H-4, will also be impacted.
mentation of the exec- band and family, but is still One needs to be admitted
utive order. Referring a U.S. citizen, comes home into the U.S. in H-4 status
to foundlings, or aban- and has her child here and or change from another non-
2 6th Floor doned children born goes back? How do we know immigrant status into H-4
to parents of unknown whether the child is a U.S. status, so it is unclear how a
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