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BBCNeha Satpute and Akshay Pise felt ready to welcome their first child.
An Indian couple who has worked in the US for over 10 years was hoping that their son would be born as an American citizen on February 26, as they are H-1B visa engineers for skilled foreign workers. .
Employed at a large tech company with supportive parental leave policies, they carefully built their lives in San Jose, California.
But President Donald Trump recently threw a wrench into American dreams by unveiling rules that deny automatic US citizenship to children born to temporary foreign workers. Until now, birthright citizenship was granted regardless of parental immigration circumstances.
A federal judge in Maryland extended the first two weeks of block imposed by a Seattle court and blocked the order. This means that the judgment cannot be enforced until the trial is resolved in the court, but there remains the possibility that a superior court will overturn the decision.
The looming uncertainty, along with multiple litigation and legal challenges, left Akshay, Neha and thousands of others in Limbo.
“This has a direct impact on us,” Akshay said. “If an order is enabled, we don’t know what will come next. It’s unknown territory.” Their biggest question: What nationality does their children have?
Their concerns are valid, says Cyrus Meta, a New York-based immigration lawyer, “We are a sought after surgeons.
As the baby was approaching, they consulted their doctor about early birth. advice? If everything goes well, you can induce labor in week 40, but you chose to wait.
“We want to take that course into a natural process,” says Neha. Akshay adds: “My priorities are safe delivery and my wife’s health. Citizenship will be second.”
Getty ImagesDr. Satheesh Kathula, president of the American Association of Indian Origin Physicians (AAPI), reached out to an American Indian Origin obstetrician after the family media reported for an early C-section. With the exception of “several instances of New Jersey,” most doctors did not report such inquiries.
“In countries with strict health care laws, we strongly recommend C-sections of preterm births just for citizenship,” says the Ohio-based doctor. “Our physicians are ethical and do not do them unless medically necessary.”
US citizenship is highly coveted, especially by skilled H-1B visa holders. Indians are the second largest immigrant group in the United States.
Immigration policy analyst Sneha Puri warns that the birthright citizenship order will hit Indians violently – more than 5 million Indians in the US hold non-immigrant visas.
“If enforced, their future US-born children will not acquire citizenship,” she told the BBC.
South Asian parents are flooded with online groups with concerns about the impact of orders and the next steps.
Trump’s executive order says it will not affect the ability of legal permanent residents to obtain US citizenship documents.
However, US Indians face the longest waiting list for foreign nationals to receive green cards granting legal permanent residency.
Current US rules mean that the number of green cards given to people in one country cannot exceed 7% of the total number of green cards awarded.
Indians receive 72% of their H-1B visas each year. According to the Cato Institute, Indians accounted for 62% of the employment-based backlog of people waiting for their green cards in 2023.
In his report, David Beer, director of immigration research at Kato, warned that “new Indian applicants will wait for a lifetime. 400,000 people will likely die before they can get a green card.” It’s there.
In contrast, most other immigrants have achieved permanent residency within a year, speeding up their path to citizenship.
If implemented, Trump’s executive order also affects undocumented US immigrants who had previously automatically acquired citizenship by US-born children, and when they turn 21, I was able to sponsor my parents to apply for a green card.
As of 2022, Pew Research estimates 725,000 undocumented Indian immigrants in the US, making it the third largest group. In contrast, the Migration Policy Institute ranks India fifth with that number at 375,000. Illegal immigration accounts for 3% of the US population and 22% of the foreign-born population.
The main concern for Indians on H-1B or O visas is the quality of life of a child.
Such visa holders must regularly leave the United States to stamp their visas at US embassies overseas. Those who return to India for this purpose are frequently faced with delays in being appointed for this purpose.
These immigrants do not want US-born children to endure the same bureaucratic struggle.
After waiting for several years in a green card queue, Akshay recognizes the ease with which US citizenship can bring.
“We’ve been here for over 10 years. When we see our parents getting older, it’s very important to have citizenship. Adjusting the timing of visa stamping makes travel difficult. “He said.
Many US doctors oppose Trump’s orders and highlight the role foreign skilled workers play in providing important services.
Dr. Cathra says Indian doctors in rural areas such as Northern Dakota and South Dakota are extremely important. “Without them, health care would fall apart. Now they’re in the realm of starting a family,” he said.
He seeks a process of speeding up green cards for parents’ contributions to America, and asks that the children of these workers be given birthright citizenship.
Trump’s orders also raise anxiety among students and Indians about work visas, and already recognizes their volatile legal status. One guarantee – citizenship of US-born children – is now doubtful.
San Jose resident Priyansi Jaju, who is hoping for a baby in April, is looking for clarity of the potential change. “Do I need to contact the Indian Consulate for my passport? Which visa applies? There is no information online,” she said.
Counting the days until her son arrives, Neha said uncertainty is an additional source of anxiety.
“Pregnancy is stressful enough, but I thought it would be easier here in 10 years – and then this will happen on top of everything,” she said.
Her husband Akshay said, “As a legal and taxpayer immigrant, our babies deserve US citizenship – that was the law, right?”
