C-Sections Surge as Indian Families in the US Race Against Trump's Citizenship Order

New Delhi: Following his inauguration as the 47th President of the United States, Donald Trump swiftly signed an executive order aimed at ending "birthright citizenship." This policy, in place for over 127 years, guarantees U.S. citizenship to all children born on U.S. soil, regardless of their parents' nationality. The new policy, which will take effect on February 20, 2025, is expected to significantly impact immigrants, especially those from India and Mexico.

Trump's order will deny automatic citizenship to children born in the U.S. unless at least one parent is a U.S. citizen or holds a Green Card. The move has sparked immediate concerns among Indian families living in the U.S. on temporary H1B or L1 visas, leading to a surge in demand for caesarean sections from pregnant women aiming to deliver their babies before the deadline.

Surge in Pre-Term Deliveries

Doctors in the U.S. report an uptick in requests for caesarean deliveries from pregnant women, particularly those on temporary work visas. These families are hoping to ensure that their children are born before the new policy goes into effect, securing U.S. citizenship for their offspring.

Dr. SD Roma, a New Jersey-based obstetrician, told The Times of India that many women, even those in the seventh month of pregnancy, are seeking early deliveries. "One couple came in for a pre-term delivery, even though their baby wasn’t due until March," she said.

Dr. SG Mukkala, an obstetrician in Texas, has been advising couples about the risks associated with pre-term births. "Premature births can lead to complications such as underdeveloped lungs, low birth weight, and neurological issues," he explained. "I have spoken to dozens of couples in the last two days, urging them to reconsider."

Why the Rush Among Indian Families?

The reason for the rush is clear: Indian families on work visas had long hoped to stay in the U.S. permanently and raise children who would automatically become U.S. citizens. With the new policy, children born after the February deadline will not automatically qualify for citizenship unless one of the parents already holds U.S. citizenship or a Green Card.

This policy shift will not affect Green Card holders, whose children will still be granted citizenship, but it does have profound consequences for families waiting years for their Green Cards. Over a million Indian nationals are reportedly stuck in the lengthy Green Card application queue.

As many of these families face uncertainty, the new rules have forced them into a difficult decision: to stay and apply for visas for their children, or to return to India.

What Is Birthright Citizenship?

Birthright citizenship is guaranteed by the 14th Amendment to the U.S. Constitution, which states that anyone born on U.S. soil is automatically a citizen. This provision has applied to all children born in the U.S., including those born to undocumented immigrants, since its introduction in 1868.

Trump's executive order aims to end this automatic citizenship for children born to non-citizen parents, including those living in the U.S. on work visas. Critics argue that this could lead to the separation of families and create a generation of children who are left without clear citizenship status.

Can Trump Legally End Birthright Citizenship?

No U.S. president has ever attempted to redefine the rules of birthright citizenship through an executive order, and Trump’s decision is expected to face significant legal challenges. If the courts uphold his policy, a constitutional amendment would be required to make the change permanent. Such an amendment would need approval from two-thirds of both houses of Congress and three-quarters of the state legislatures— a process that could take years.

This fight is likely to stretch well beyond Trump’s second term, ensuring that the debate over birthright citizenship will continue to shape U.S. immigration law for years to come.