Trump's birthright citizenship order blocked: Here's what we know so far

"You are an American citizen if you were born on American soil-period," said Washington Attorney General Nick Brown

In a relief to Indian tech professionals and green card applicants, a US federal judge on Thursday blocked Donald Trump's administration from implementing an executive order restricting automatic birthright citizenship. The judge called the policy “blatantly unconstitutional.”

 

US District Judge John Coughenour, based in Seattle, issued a temporary restraining order after four Democratic-led states—Washington, Arizona, Illinois, and Oregon—challenged the order. Trump had signed the executive order on Monday, his first day back in office.

 

The order directed federal agencies to deny citizenship to children born in the United States if neither parent was a US citizen or lawful permanent resident. Judge Coughenour, who was appointed by Republican President Ronald Reagan, questioned the legality of the order.

 

“I am having trouble understanding how a member of the bar could state unequivocally that this order is constitutional,” said Coughenour during the hearing. “This is a blatantly unconstitutional order.”

 

Washington Attorney General Nick Brown, a Democrat, expressed confidence in the ruling holding up. “You are an American citizen if you were born on American soil—period,” said Brown. “Nothing that the president can do will change that.”

 

The order, if implemented, could deny citizenship to over 150,000 children born annually, according to the Democratic-led states. Six lawsuits have already been filed against the order, with challenges led by civil rights groups and attorneys general from 22 states. The next hearing is scheduled for February 6, 2025.

 

“Obviously we’ll appeal,” said Trump in response to the ruling.

 

Impact on thousands of Indian families and professionals in the US

 

The order sparked concerns among the Indian community in the US, particularly those on temporary visas such as H-1B (work), H-4 (dependent), L (intra-company transfer), and F (student).

 

“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 currently associated with Karanjawala & Co.

 

Without automatic citizenship, children could lose access to in-state tuition rates, scholarships, and federal financial aid, significantly affecting their higher education opportunities. Families in green card backlogs also face challenges, as children born outside the US often need to self-deport upon turning 21 unless they secure a different visa.

 

“This particularly affects Indian families, many of whom are stuck in lengthy green card backlogs,” said Roma Priya, founder, 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 has over one million Indians waiting for employment-based green cards. Trump’s order specifies that children born to parents on temporary visas—such as H-1B or visitor visas—would not gain citizenship unless one parent is 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.”

 

Economic and social ripple effects

 

Legal experts warned of wider implications for industries reliant on immigrants, 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.

 

Media reports have also highlighted a surge in maternity clinics receiving requests for early births. Many Indian women in their eighth or ninth and even seventh month of pregnancy reportedly 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 provides temporary relief to affected families, though the legal battle over birthright citizenship continues.