Samitha Sen and her husband, Anant Sen, are expecting their first child. They had hoped the new baby would expedite their path to U.S. citizenship. However, President Donald Trump’s executive order ending birthright citizenship has thrown their plans into uncertainty.
The Indian couple is among thousands of immigrant families affected by Trump’s decision to halt automatic citizenship for children born to noncitizen parents on temporary work, student, or tourist visas.
The Sens moved to San Francisco two years ago when Anant secured a high-paying IT job on an H-1B visa for skilled workers. Samitha accompanied him on a spouse visa, which also allows her to work. But the legal status of their baby, due in April, is now unclear.
“I haven’t slept in two days, haven’t gone to work, and I am completely clueless as to what else to do,” said Samitha.
“We came here on a work visa. Until now, we felt welcomed and appreciated, but this executive order is making me question our decisions,” said Anant, 32.
Legal and emotional fallout
The 14th Amendment to the U.S. Constitution guarantees citizenship to anyone born in the country, but Trump’s executive order challenges that interpretation. His directive claims the amendment has “never been interpreted” to grant universal citizenship, excluding children of undocumented immigrants and those without lawful residency.
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The order prevents federal, state, and local agencies from issuing documents conferring citizenship to children born to noncitizen parents. It applies to births occurring 30 days after the order was issued and is not retroactive.
Legal challenges have erupted. Attorneys general from 22 Democratic-led states and numerous immigrant and civil rights groups have filed lawsuits against the order. But the legal process is lengthy, leaving families like the Sens in limbo.
A community in crisis
Javier Ramirez (not his real name) also faces an uncertain future. Living in a low-income neighborhood in Southeast Washington, D.C., Ramirez crossed the border from Mexico in 2021 and worked on farms in Texas before relocating to the East Coast.
Ramirez’s wife is pregnant with their third child, and one of their daughters is undergoing treatment for a rare lung disease at George Washington Hospital. Despite applying for asylum, Ramirez lacks the documentation needed to ensure citizenship for their unborn baby.
“I’ve been calling my lawyer in Maryland since yesterday. She’s not responding,” Ramirez said, fighting back tears. “I can’t go back with a sick child. We thought our new baby would help us.”
A family in Mexico reacts to an email from U.S. Customs and Border Protection informing her that their appointment was cancelled on the inauguration day of Donald Trump’s second presidential term.Reuters
Attorneys overwhelmed
Immigration attorneys are inundated with calls.
“The executive order has terrified the immigrant community,” said Sunila Bali, an immigration lawyer.
Some families are resorting to extreme measures. “I know a family considering a cesarean section just to deliver the baby before the executive order takes effect on Feb. 20,” Bali added.
Constitutional debate
Attorney Akbar Jaffery expressed skepticism about Trump’s authority to enact the order.
“The 14th Amendment has always been interpreted to grant automatic citizenship to anyone born in the U.S., except for narrow exceptions like children of foreign diplomats,” Jaffery said.
“Trump cannot undo the 14th Amendment’s provision on his own through an executive order,” he added. “A constitutional amendment requires both chambers of Congress to pass it with a two-thirds majority, followed by approval from three-quarters of the states. I doubt even a majority of Republicans would support this.”
Families like the Sens and Ramirez’s are anxiously awaiting judicial intervention.
“I’ve placed my trust in the courts,” Ramirez said, expressing hope that the legal challenges would allow his family to stay together.
For now, the outcome remains uncertain, leaving affected families and legal experts watching closely as the cases progress.
