Editorial: American dream gone sour

H-1B visa, the popular path to citizenship, faces heightened scrutiny under Trump’s 'America First' policies

The dreams of millions of Indians and other immigrants have gone sour with United States President Donald Trump’s executive order ending automatic birthright citizenship. Though a federal judge in Seattle temporarily blocked it, putting in place a 14-day restraining order, it is going to be a long-drawn legal battle. The case may ultimately be reviewed by the Supreme Court. As many as 22 states have challenged Trump’s executive order which the federal judge has dubbed as “blatantly unconstitutional”. Hailed as the Land of Opportunities, America has been a dream destination for aspiring Indians for decades. No wonder that they constitute a lion’s share of work visas granted by the US every year. However, the latest order, among the first to be signed by Trump on the first day of his second term as the President, has sent shockwaves among the immigrant Indian community. This decision has far-reaching implications for those pursuing the “American dream.” Initially thought to target only undocumented immigrants, the order extends to children born to parents on temporary work visas, such as the widely used H1B, or those awaiting green cards. The concept of birthright citizenship stems from the 14th Amendment to the US Constitution, ratified in 1868. It states that anyone born on US soil, or naturalised under its jurisdiction, is a citizen of the United States. This principle was upheld by the US Supreme Court in 1898, cementing automatic citizenship for those born in the country. However, Trump’s executive order challenges this long-standing interpretation.

According to the new rules: At least one parent must be a US citizen; Alternatively, one parent must hold a green card; Parents serving in the US military are also eligible to pass on citizenship. Children born in the US to parents on temporary work visas, such as H1B, or those awaiting permanent residency, will no longer receive automatic citizenship. This shift marks a significant departure from more than a century of policy and legal precedent. The radical move, though challenged in various courts across America, will have life-altering implications for all those on a temporary visa status in the US — including hundreds of thousands of Indians who are on temporary work visas (H-1B and L1), on dependent visas (H4), study visas (F1), academic visitor visas (J1), or short term business or tourist (B1 or B2) visas. This, coupled with new restrictions on the H-1B visa programme, would prove to be a nightmare for Indians, particularly in the technology sector. The H-1B visa, the popular path to citizenship, faces heightened scrutiny under Trump’s “America First” policies. During his earlier term, rejection rates went up drastically as regulations tightened. Compounding these challenges, the proposed legislative amendments seek to double application fees and raise minimum wage requirements, potentially making the visa less accessible for Indian talent. The uncertainty surrounding the visa programme could disrupt India’s $128-billion IT industry.

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