Relief for H-1Bs, L-1s! Trump's citizenship order blocked indefinitely
US President Donald Trump (Photo: PTI)
By Surbhi Gloria Singh — New Delhi
4 min read | Last Updated : Feb 06 2025 | 11:15 AM IST
In a major relief for Indian techies and others in the United States waiting for green cards, a federal judge in Maryland has blocked President Donald Trump’s move to restrict automatic birthright citizenship indefinitely. The ruling is another legal blow to Trump’s efforts to change more than a century of US law and court precedent as part of a broader immigration crackdown.
US District Judge Deborah Boardman ruled on Wednesday that there is a "very strong" likelihood that the executive order Trump signed on his first day in office violates the US Constitution. Her order applies nationwide and will remain in effect while the case proceeds. It builds on an earlier temporary pause from a federal judge in Seattle, who described the administration’s action as "blatantly unconstitutional." The case in Maryland, brought by immigrant advocacy groups, is one of at least nine lawsuits challenging Trump’s executive order. The order would not only deny citizenship to babies born to undocumented parents but also to those born to parents legally in the US on work, study, or visitor visas. Courts in Seattle and Boston are expected to hold hearings later this week on similar challenges.
“The executive order conflicts with the plain language of the 14th Amendment, contradicts 125-year-old binding Supreme Court precedent and runs counter to our nation’s 250-year history of citizenship by birth,” the judge said.
What had happened?
Shortly after taking office, Trump signed an executive order on birthright citizenship. It denies US citizenship to children born to parents who are not permanent residents. For Indian tech workers on H-1B visas, who often face decades-long waits for green cards, this created uncertainty. Many expectant Indian parents rushed to have pre-term deliveries before the February 20 deadline set by Trump’s order.
The order caused widespread concern among the Indian community, particularly those on temporary visas such as:
- H-1B (work visas)
- H-4 (dependent visas)
- L (intra-company transfers)
- F (student visas)
“With over 4–5 million Indian Americans residing in the US, this executive order could have severe consequences for their children and future generations,” said Vishal Gehrana, an advocate with Karanjawala & Co.
Without automatic citizenship, children could lose access to in-state tuition rates, scholarships, and federal financial aid, which would significantly impact their education prospects. Families caught in green card backlogs also face challenges, as children born outside the US may be forced to self-deport upon turning 21 unless they secure another visa.
“This particularly affects Indian families, many of whom are stuck in lengthy green card backlogs,” said Roma Priya, founder of Burgeon Law. “Even lawful temporary residents, such as H-1B visa holders, will see their children denied automatic citizenship. It creates uncertainty and anxiety for families already dealing with complicated immigration laws.”
The US currently has over one million Indian immigrants waiting for employment-based green cards. Trump’s order specified that children born to parents on temporary visas—such as H-1B or visitor visas—would not gain citizenship unless one parent was a green card holder or a US citizen.
“The long wait times for green cards highlight systemic issues. Highly skilled Indian immigrants contribute significantly to the US economy, yet the per-country caps on green cards leave many in limbo,” said Varun Singh of XIPHIAS Immigration, a consultancy firm. “This order adds another layer of stress for families already facing barriers to permanent residency.”
Legal experts warn of wider consequences for industries reliant on immigrant labour, such as healthcare, education, and research. “This could have a ripple effect on the US economy, as these industries are heavily dependent on immigrant workers,” said Smita Paliwal, partner at King Stubb & Kasiva.
Meanwhile, maternity clinics in the US reported an increase in requests for early births. Many Indian women in their eighth or ninth month of pregnancy, and even some in their seventh month, sought preterm deliveries, including C-sections, to ensure their children were born before February 20, when the executive order was set to take effect.
“There is an urgent need for legislative reform to address green card backlogs and streamline immigration processes. Immigrants who contribute to the US economy should not be left in prolonged uncertainty,” said Singh.
For now, the judge’s ruling offers a major relief to families that could have been affected.
