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Trump signs new birthright citizenship rules: What it means for Indians

Published August 7, 2026 at 10:33 AM UTC

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President Donald Trump signed an executive order on June 5 that narrows the scope of birthright citizenship in the United States. The rule states that children born on U.S. soil to foreign nationals who are in the country on temporary visas, such as tourists, students, or certain work permits, will not automatically receive U.S. citizenship unless at least one parent holds lawful permanent resident status. The change reverses a long‑standing interpretation of the 14th Amendment that granted citizenship to anyone born in the country, regardless of parental status. Indian nationals living in the United States are among those most likely to feel the impact, as many Indian families hold H‑1B or student visas. Under the new rule, a child born to an Indian H‑1B holder without a green card would need to apply for citizenship later, potentially delaying access to public schools, health care, and travel documents. The administration argues the policy protects the integrity of the immigration system and reduces incentives for visa‑holding families to seek citizenship for their children through birth. Critics say the move could create legal uncertainty for millions of children and strain diplomatic ties with countries like India that send large numbers of skilled workers to the U.S.