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    IMMIGRATION                                                              APRIL 24, 2026    |  The Indian Eye 40

                         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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