IMAGINE TRAVELLING THOUSANDS OF MILES, not with the purpose of business, study, or leisure, but for childbirth. Birth tourism includes giving birth in a country that grants citizenship based on ‘jus soli’ and provides benefits to all children born there. Section 1 of the 14th Amendment of the American Constitution states that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
However, a recent executive order by the Trump administration reinterprets this rule, stating that children born to undocumented immigrants are not entitled to automatic citizenship. On Feb 5, 2025 and Feb 13, 2025 respectively, US District Judges Deborah Boardman (Maryland) and Leo Sorokin (Massachusetts) ruled that the Trump administration’s efforts were against the values imbued in the Constitution and blocked the order. Further, on March 13, 2025 it was challenged by Acting Solicitor General Sarah Harris, who approached the Supreme Court and asked the justices to partially block the previous orders given by federal courts. As per reports, Indians and Mexicans are among the highest percentage of people who use birthright for automatic citizenship. This development will impact the lives of thousands of Indian-Americans residing in the US.
