Neha Satpute and Akshay Pise, an Indian couple, were joyfully anticipating the birth of their first child. They had been working in the United States for over a decade, both holding H-1B visas, serving the country as skilled workers. According to their original plan, they expected their son, due on February 26th, to naturally become a U.S. citizen.
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02-11, 2025The couple had meticulously built their life in San Jose, California, where they were employed by a large tech company with robust parental leave policies. However, a new rule announced by former U.S. President Donald Trump, intended to strip birthright citizenship from children of temporary foreign workers, cast a shadow over their "American dream." Previously, birthright citizenship was an established right, regardless of the parents' immigration status.
A federal judge in Maryland had already blocked the executive order from taking effect, following a two-week temporary restraining order issued by a court in Seattle. This meant that the ruling could not be enforced until the courts resolved the case, but the possibility remained that a higher court could overturn any decision. This looming uncertainty, coupled with multiple lawsuits and legal challenges, left Akshay, Neha, and thousands of others in a difficult position.
"This directly affects us," Akshay said, "If this order goes into effect, we don't know what will happen next—it's uncharted territory." Their biggest question was: What nationality will their child have? Cyrus Mehta, an immigration lawyer in New York, believes their concerns are justified: "U.S. law does not provide for granting non-immigrant status to someone born here."
With the baby's due date approaching, they consulted doctors, asking if it was possible to induce labor early. The doctors advised that if everything went smoothly, they could induce at 40 weeks, but they ultimately chose to wait. "I want things to happen naturally," Neha said. Akshay added, "My priority is a safe delivery and my wife's health. Citizenship is secondary."
Dr. Satheesh Kathula, president of the American Association of Physicians of Indian Origin (AAPI), proactively contacted Indian-American obstetricians and gynecologists after media reports surfaced about some families seeking early C-sections. Apart from "a few cases in New Jersey," most doctors reported not receiving such inquiries. "In a country with strict medical laws, I would strongly advise against early C-sections solely for citizenship purposes," said the Ohio-based doctor, "Our doctors are ethical and would not perform such a procedure unless medically necessary."
U.S. citizenship is highly sought after, especially for skilled workers holding H-1B visas. Indians are the second-largest immigrant group in the United States. Immigration policy analyst Sneha Puri warned that the birthright citizenship executive order would hit Indians hard—there are over five million Indians in the U.S. on non-immigrant visas. "If enforced, their future children born in the U.S. would not be able to obtain citizenship," she told the BBC.
Trump's executive order stated that it would not affect the ability of children of legal permanent residents to obtain proof of U.S. citizenship. But Indians in the U.S. face the longest wait times for green cards, which confer legal permanent residency, compared to people of any other nationality. Current U.S. regulations mean that no more than 7% of the total number of green cards can be granted to people from any one country.
Indians receive 72% of H-1B visas each year. According to the Cato Institute, in 2023, Indians accounted for 62% of the employment-based backlog of those waiting for green cards—or 1.1 million people. Indians who are receiving employment-based green cards today applied as far back as 2012. David Bier, director of immigration studies at the Cato Institute, warned in his report: "New Indian applicants face a lifetime wait, and potentially 400,000 will die before receiving a green card." In comparison, most other immigrants obtain permanent residency within a year, thereby expediting their path to citizenship.
If implemented, Trump's executive order would also affect undocumented immigrants in the U.S., whose children born in the U.S. previously automatically received citizenship—and could sponsor their parents for green cards when they turned 21. The Pew Research Center estimates that there were 725,000 undocumented Indian immigrants in the U.S. as of 2022, making them the third-largest group. In contrast, the Migration Policy Institute puts the figure at 375,000, ranking India fifth. Unauthorized immigrants account for 3% of the U.S. population and 22% of the foreign-born population.
Indians holding H-1B or O visas are most concerned about their children's future quality of life. Holders of such visas must periodically leave the U.S. to have their visas stamped at U.S. embassies overseas. Those who return to India for this purpose often face appointment delays. These immigrants do not want their children born in the U.S. to suffer the same bureaucratic hassles.
Akshay has been in line waiting for a green card for years, and he is well aware of the conveniences that U.S. citizenship brings. "We've been here for over 10 years. As I see my parents getting older, it's very important for me to have citizenship. Coordinating visa stamping times makes our travel tricky, and with my baby, it may be even more difficult," he said.
Many doctors in the U.S. oppose Trump's decree, emphasizing the role that foreign skilled workers play in providing essential services. Dr. Kathula said that Indian doctors are crucial in rural areas such as North Dakota and South Dakota. "Without them, healthcare would collapse. Now, they are in a dilemma about whether to start a family," he said. He called for expediting the green card process and granting birthright citizenship to their children because of these workers' contributions to the U.S.
Trump's order has also heightened the anxiety of Indians on student and work visas, who already realize their precarious legal status. The one thing that was guaranteed—the citizenship of their children born in the U.S.—is now also in question. Priyanshi Jajoo, a San Jose resident expecting a baby in April, is looking for clear information about potential changes. "Do we need to contact the Indian consulate for a passport? Which visa applies? There is no information online," she said.
Neha, counting down the days until her son arrives, said the uncertainty is an added source of anxiety. "Pregnancy is stressful enough, but we thought things would get easier after living here for ten years—and then this happened," she said. Her husband, Akshay, added, "As legal, tax-paying immigrants, our baby should be granted U.S. citizenship—that's always been the law, hasn't it?"
