US Citizenship Policy Change Stuns Legal Immigrants
The leading presidential propositions that have had a deep impact on immigrant communities through US Citizenship policy change. It was particularly for the Indian diaspora that were President Donald Trump’s EOs [Executive Orders]. It was on Why the Meaning and Value of American Citizenship, Protecting (1)EO. The directive further puts restrictions on birthright citizenship for offspring of legal immigrants. It is serving more than a million Indian permanent residents while waiting to obtain green cards.
New Limitations on Offspring of Temporary Visa Holders
Under the EO children born in the United States, even if one or both parents are legally present on one of the listed temporary visas will not be entitled citizenship unless either the dad is a U.S citizen or hold a green-card. These included visa such as a H-1B or an H-4 [plus lots of student visas]. The traditional understanding of the 14th Amendment is quite distinct from this recodification. Amendment 14 granted citizenship to nearly everyone born in this country, regardless of his or her parents’ immigration status.
Indian families and the effects of backlog in Green card processing
For one thing, the move is notable in Indian-American circles. Many families have long used birthright citizenship. They used it as a convenient method for their immigrant U.S.-born children to sponsor them when they turn 21. Families are now told that they have to rethink their future in America as long-term stay is not an option. When children become adults in this two-tier legal gray area, e.g. they could have to apply for another visa or be at risk of self-deportation.
Criticism of the EO Among Legal Professionals
Critics have slammed the EO quickly: The 14th Amendment phrase “subject to the jurisdiction thereof” after all was not understood to exclude children of illegal aliens, stressed Greg Siskind co-founder of Siskin Susser.
Emphasizing that even the 14th Amendment use of the word “jurisdiction” in reference to children of lawful permanent residents was never intended as its exclusionary handle. Siskin Susser co-founder Greg Siskind described it as “simply stunningly unlawful. And that is what Cyrus Mehta, an immigration lawyer concurred with — EO will have legal hullabaloo.
Current birthright citizenship could hinge on a court decision
Several lawsuits have already been filed by the American Civil Liberties Union (and others) who think detach rights under our constitution. Most think it will be the Supreme Court that makes the ruling. There is no denying how confusing this has been.
The recurring opacity of U.S. immigration laws exacerbated by trending news today deepen both the problem for legal immigrants and undercut America’s wider construction.
