As the Supreme Court of the United States reviews restrictions introduced by US President Donald Trump on birthright citizenship, a South Asian advocacy group has raised serious concerns.

The group warned that the policy could leave thousands of children “stateless”. It also said the decision may create legal confusion and disproportionately affect Indian-origin families and the larger South Asian community.

What the New Rule Proposes

Under the new restrictions, a child born in the US will not automatically get citizenship unless at least one parent is a US citizen or holds a green card.

Birthright citizenship has historically played a major role in shaping the Indian community in the United States.

Data from the Pew Research Center based on the 2022 American census shows that around 4.8 million Indian Americans live in the US. Out of them, about 34 percent, or 1.6 million people, were born in the US and gained citizenship by birth.

Advocacy Groups Challenge the Move

In a legal submission (amicus brief), the South Asian American Justice Collaborative (SAAJCO), along with other organisations, argued that the policy weakens the long-standing protections of the 14th Amendment.

This amendment guarantees citizenship to anyone born on US soil.

The groups said that linking a child’s citizenship to the immigration status of parents brings back the idea of “contingent citizenship”, which the 14th Amendment was meant to abolish.

Historical Warning Cited

To support their argument, the groups referred to the United States v. Bhagat Singh Thind decision.

In that ruling, the court declared that Indians were not considered “white persons” and therefore could not become naturalised citizens, even though earlier scientific views had classified them as Caucasian.

This judgment led to many South Asians losing their citizenship and facing serious legal and economic difficulties.

The advocacy groups described this case as a warning from history. They said it shows how citizenship rules based on shifting definitions can be reversed, and warned that the current policy could create similar uncertainty today.

Impact on Indian Families and Immigration System

The brief highlighted that South Asians, especially Indians, could be among the worst affected groups. This is because of existing issues in the US immigration system.

Studies cited by the Cato Institute show that Indians make up about 63 percent of the green card backlog. This means they already face long delays in getting permanent residency.

Economic and Social Concerns

The advocacy groups also pointed out possible economic consequences. South Asians play an important role in industries such as technology, healthcare, transport, and small businesses. They warned that uncertain citizenship rules could discourage skilled workers from coming to the US. This could even lead to a “brain drain”.

The brief further stated that ending birthright citizenship might result in around 255,000 children being born in the US each year without citizenship. Families could face complicated paperwork and may lose access to essential services. “The result is legal limbo at the moment of birth,” the brief states.

Such uncertainty could affect children’s access to education, healthcare, and job opportunities in the future.

Supreme Court Shows Skepticism

It is important to note that the judges of the Supreme Court have also shown doubts about the executive order. Despite this, the Trump administration is strongly defending the policy.