The U.S. Supreme Court is currently weighing a case that could potentially overturn the long-standing principle of birthright citizenship, as enshrined in the 14th Amendment of the U.S. Constitution. This has sparked considerable debate and anxiety, particularly within immigrant communities, including the Indian diaspora.

The core of the issue revolves around differing interpretations of the 14th Amendment, which states that all persons born or naturalized in the United States and "subject to the jurisdiction thereof," are citizens. The question is whether this applies to children born to parents who are not legal permanent residents, such as those who are in the country illegally or on temporary visas.

What's at Stake?

For the Indian diaspora, the implications of a potential ban on birthright citizenship are far-reaching. Here's a breakdown of what's at stake:

• Family Security and Unity: If birthright citizenship is curtailed, children born in the U.S. to Indian parents who are not permanent residents could be denied citizenship. This could lead to complex legal and emotional challenges for families, potentially forcing them to choose between leaving the U.S. together or separating.
• Legal Pathways to Residency: Ending birthright citizenship could also limit the number of available legal pathways to U.S. residence. Currently, U.S. citizen children must be at least twenty-one years old to sponsor their parents for legal permanent residency—an option that could disappear without that child's citizenship status.
• Access to Opportunities and Benefits: Children denied birthright citizenship may face significant barriers in accessing education, healthcare, and other social services. This could hinder their ability to thrive and contribute to society.
• Community Impact: A significant portion of the Indian diaspora is comprised of individuals who are not U.S. citizens. Changes to birthright citizenship could create a marginalized underclass, impacting community safety, political participation, and the economy.

Historical Context and Legal Precedents

The 14th Amendment was adopted in 1868 to overturn the Supreme Court's Dred Scott decision, which denied citizenship to people of African descent. In United States v. Wong Kim Ark (1898), the Supreme Court affirmed that children born in the U.S. to resident aliens are U.S. citizens. However, some argue that this ruling does not apply to children of undocumented immigrants.

The Indian Diaspora in the U.S.

The Indian diaspora has a strong presence in the U.S., with approximately 5.2 million U.S. residents who were either born in India or reported Indian ancestry or origin in 2022. Indians constitute the second-largest immigrant group in the U.S., accounting for 6% of the total foreign-born population. In fiscal year 2024, nearly 50,000 Indians were naturalized, making them the second-largest group to gain U.S. citizenship. They predominantly reside in states such as California, Texas, New Jersey, New York, and Illinois, drawn by opportunities in technology, healthcare, and business.

Potential Outcomes and Challenges

The Supreme Court's decision could have several outcomes. The court may uphold birthright citizenship, preserving the status quo. Alternatively, it could narrow the interpretation of the 14th Amendment, potentially denying citizenship to children born to non-permanent residents. A third possibility involves the court addressing the use of nationwide injunctions, which have been used to block the executive order.

Regardless of the outcome, the debate over birthright citizenship highlights the ongoing tensions surrounding immigration in the U.S. and the potential consequences for immigrant communities. The Indian diaspora, with its significant presence and contributions to American society, has a vested interest in the resolution of this issue.