Trump’s Move to End Birthright Citizenship

1.   What is Birthright Citizenship?
Birthright citizenship, also called jus soli (“right of the soil”), is a policy where anyone born on U.S. soil is automatically a U.S. citizen, regardless of their parents’ immigration status.

·        Example:
Current Law: A Pakistani couple on a temporary visa (such as a student or work visa) gives birth to a child in the U.S. → The child automatically becomes a U.S. citizen.
Trump’s Proposed Change: If the law is revoked, that child will not receive U.S. citizenship and will have the same visa status as the parents.
2.   Trump’s Executive Order to End Birthright Citizenship
One of the first actions taken by Donald Trump as the 47th U.S. President was signing an executive order aiming to end automatic citizenship for children born to:
✅Undocumented immigrants (people in the U.S. illegally)
✅People on temporary visas (such as students, workers, or tourists)

However, this policy faces legal challenges since birthright citizenship is protected by the 14th Amendment of the U.S. Constitution.

·         BBC Report on Trump’s Order
According to BBC News, Trump’s move has sparked nationwide protests and legal battles, with immigration rights groups arguing that the order is unconstitutional. Many legal experts believe that the policy will be struck down by the courts, but the case may ultimately be decided by the U.S. Supreme Court. (BBC News)

3.   Can Trump Actually End Birthright Citizenship?
Legal Hurdles:
🔹 The 14th Amendment clearly states that all persons born in the U.S. are citizens.
🔹 The 1898 Supreme Court case (U.S. v. Wong Kim Ark) confirmed that the children of immigrants are entitled to citizenship.
🔹Federal courts have already blocked the order, and the case has been appealed to the U.S. Supreme Court.

Ways to Change the Law:
Constitutional Amendment: Requires two-thirds majority in Congress and approval from 75% of U.S. states—which is highly unlikely.
New Legislation: Congress could pass a law restricting birthright citizenship, but it would face strong legal opposition.

4.    Impact on Pakistani Students Going to the U.S.
Pakistani students and professionals often move to the U.S. on student visas (F-1), work visas (H-1B), or dependent visas (F-2, H-4). If birthright citizenship is revoked, it will create significant challenges for them and their families.

·         No Automatic U.S. Citizenship for Children
✅Before: A Pakistani student on an F-1 visa has a child in the U.S. → The child becomes a U.S. citizen.
❌After: The child will not be a U.S. citizen and will hold the same visa status as the parents, requiring constant visa renewals or facing deportation if the visa expires.

·         Difficulty in Obtaining Green Cards
Many Pakistani students in the U.S. eventually apply for permanent residency (Green Card).
🔹Previously: A U.S.-born child could help parents apply for a Green Card when they turn 21.
🔹Without birthright citizenship: Pakistani students and professionals will lose this long-term immigration advantage.

·         Uncertainty for Spouses on Dependent Visas
Many Pakistani students bring their spouses on dependent visas (F-2, H-4).
If birthright citizenship is removed, their future children will not get U.S. citizenship, affecting:

🎓Access to public education and healthcare
🏡The family’s long-term immigration prospects
🚫The child’s ability to travel and work in the U.S.

·         Increased Risk of Deportation for Families
Trump has suggested deporting children of undocumented immigrants, even if they were born in the U.S.
🚨While this mainly targets undocumented immigrants, it could also impact students and workers if their visa status changes (e.g., if a student fails to renew their visa, their child could lose legal status).

·         Limited Educational and Job Opportunities
A child born in the U.S. currently has access to:
🎓Financial aid & scholarships
💼Better job prospects as a U.S. citizen

❌Without citizenship, Pakistani students’ children will face the same visa restrictions as their parents, limiting their future in the U.S.

5.   Conclusion
Trump’s attempt to end birthright citizenship faces legal challenges and is unlikely to succeed in the near future. However, if successful, it could directly impact Pakistani students and their families, making:
✅Student and work visas less attractive for those planning to settle in the U.S.
✅Long-term residency (Green Card) harder to obtain
✅Dependent visa holders (spouses) more vulnerable

For Pakistanis considering study or work in the U.S., it is important to:
✔ Stay updated on immigration laws
✔ Explore alternative pathways for securing long-term residency