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    IMMIGRATION                                                              APRIL 24, 2026    |  The Indian Eye 41

            child could acquire a nonimmigrant  retroactively apply the order would  the intent of the Framers of the Four-  Ark? It  creates  a  multigenerational
            status  from  birth.  Parents  might  be  have  unthinkable  consequences.  In-  teenth Amendment.    problem. If X was never a citizen at
            forced to scramble and file immigra-  deed, many supporters of the Trump   If Trump’s Executive Order is up-  birth, then was X able to transmit cit-
            tion applications immediately follow-  administration  might  find  their  US  held it not just creates a permanent  izenship to Y?
            ing a child’s birth to ensure that they  citizenship  being  thrown  into  ques-  subclass of people born in the US in   Trump and his supporters aim
            are not out of status. Because birth in  tion if their parent was not lawfully  the future but the destabilization of  for mass  deportations.  This  fantasy
            the United States would no longer be  present in the US or were on a tem-  citizenship  itself  across  generations.  would be realized well beyond their
            sufficient to confer citizenship, even  porary  visa.    And  if  these  concepts  If the constitutional meaning of cit-  wildest dreams if they too get deport-
            U.S. citizen parents might be forced  did not exist before the mid-20th cen-  izenship  can  be  redefined  after  150  ed through the destabilization of citi-
            to provide exhaustive proof of legal  tury, Americans would have to prove  years, what happens to all citizenship  zenship across generations!
            status to ensure that citizenship was  that their parents or their ancestors  claims derived through parents and
            also extended to their children. These  were domiciled in the US, as D. John  grandparents  and  even  beyond  who   *Kaitlyn Box is a Partner at Cyrus D.
            scenarios are analyzed in greater de-  Sauer argued for the government was  relied on United States v.  Wong Kim   Mehta & Partners PLLC.
            tail in a prior blog.             ________________________________________________________________________________________________________________________________________________________________________________________________
                Moreover, there is a potential for
            the executive order to eventually be  Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta
            expanded and applied retroactively   & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
            as well. Justice Sotomayor noted that   mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
            when the Supreme Court ruled that
            “Indians could not become citizens”,  Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member
            the federal government undertook   of Volunteers for Legal Services and board member of New York Immigration Coalition.  Mr. Mehta is the former chair of the
            efforts to de-naturalize even individu-  Board of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality
            als who had already become citizens.
            D.  John  Sauer,  the  lawyer  for  the  Law of the New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including
            Trump administration, emphasized   on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and
            that the  administration sought  only   Work.  Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law
            to apply the order prospectively, but
            this position does not allay concerns  and the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the
            that the executive order could not be   immigration field. He has also received two AILA Presidential Commendations in 2010 and 2016.  Mr. Mehta is ranked among
            applied retroactively in future. Given   the most highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked
            that millions of Americans are the
            children of immigrants, any efforts to  in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

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