iNDICA NEWS BUREAU-
Reports have emerged of Indian nationals in the U.S. on temporary visas requesting early C-sections in an attempt to bypass President Donald Trump’s executive order restricting birthright citizenship.
The order, set to take effect on February 19, would end automatic citizenship for children born in the U.S., limiting it to those born to U.S. citizens or Green Card holders.
Several Indian expectant mothers have reportedly approached obstetricians to schedule C-sections before the deadline in order to secure U.S. citizenship for their babies.
However, Dr. Avinash Gupta, regional director of the American Association of Physicians of Indian Origin (AAPI), has expressed skepticism about the feasibility of this practice.
While some may consider moving an already scheduled C-section forward if there are valid medical reasons, Gupta cautioned that performing the procedure for non-medical reasons, especially months in advance, raises serious ethical and legal concerns.
Babies born prematurely can face severe health issues, and doctors could be at risk of medical malpractice lawsuits. Additionally, a malpractice case could be brought up years later, given that the statute of limitations for such claims extends to the child’s 18th birthday.
Trump’s executive order, titled “Protecting the Meaning and Value of American Citizenship,” was intended to limit birthright citizenship to children of U.S. citizens and Green Card holders. This policy would affect many Indian nationals on H-1B, L1, and other temporary work visas, as well as students and visiting academics, prompting some parents to explore early C-sections.
However, the executive order is currently under legal challenge by 22 states and two cities, which argue that it violates the 14th Amendment of the U.S. Constitution, which guarantees citizenship to all individuals born on U.S. soil. The legal battle is expected to take several years to resolve, according to immigration law firm Reddy, Neumann, Brown.
In the meantime, babies born to parents on temporary visas may apply for dependent nonimmigrant status and later seek permanent residency or citizenship through family sponsorship when their parents are eligible for Green Cards.