By Admin 
The concern of Indians working in America on H-1B visa and other temporary permits has increased again. Donald Trump government’s lawyer on Thursday (April 2, 2026) argued in the US Supreme Court, referring to the citizenship clause of the 14th Amendment, that children of people living on temporary visas do not meet its criteria. The petition challenging Trump’s order to end birthright citizenship was heard in the US Supreme Court, where Trump himself was present. His lawyer made this argument during the hearing itself.
Trump had instructed American agencies not to recognize the citizenship of those children born in America, none of whose parents are American citizens or green card holders. Solicitor General John Sawyer appeared in the court to present the Trump government’s side. He told the court that the citizenship clause of the 14th Amendment was never intended to be universally applicable. This section does not grant citizenship to children of temporary visa holders or illegal immigrants. It requires direct and immediate allegiance to the United States.
Sauer based his argument on history, saying that this amendment was created after the American Civil War primarily to guarantee citizenship to freed slaves and their descendants. He said that the fundamental basis of this guarantee was loyalty, which was linked to legal residence and not merely birth on American soil. Children of people living on temporary visas do not meet that criterion.
He told the bench that granting automatic citizenship to all births disrespects the precious and profound gift of American citizenship. Justice Samuel Alito raised the question of whether a general constitutional rule could be applied to modern situations, such as illegal immigration, that did not exist in the same form in 1868.
Justice Elena Kagan said that the administration’s stance appears to be revisionist. He said that for more than a century, the courts and the public have broadly understood birthright citizenship under the precedent of United States v. Wong Kim Ark. Justice Ketanji Brown Jackson questioned whether the government was redefining ‘loyalty’ beyond its common law meaning, noting that even temporary visitors are subject to US laws and protections while in the country.
Many judges raised questions about how such a policy would work. He asked how officials would determine a child’s citizenship at the time of birth. He also asked whether it would be necessary to check the immigration status of parents in every case. The government said that this system will depend on objectively verified immigration data. This suggests that visa status can determine whether a child is a citizen or not.
At the same time, lawyers opposing the Trump administration said that this step will overturn the established law. He cited the decision given in 1898 in the United States vs. Wong Kim Ark case. It established that birth on American soil confers citizenship regardless of the status of the parents, with some limited exceptions such as children of diplomats. Changes in law may create uncertainty. This may affect access to education, employment and government benefits.
Sauer said the administration’s policy will be based on objectively verified immigration status rather than subjective intent and will be implemented in the future. The case has broad implications, potentially affecting thousands of children born annually in the United States and raising constitutional questions about the scope of congressional and executive power over citizenship.
The 14th Amendment, ratified in 1868, states that all persons born or naturalized in the United States, and subject to its jurisdiction, are citizens. It was enacted after the Civil War to overturn the Supreme Court’s Dred Scott decision, which had denied citizenship to African Americans.
Indians are the largest group of H-1B visa holders in America. Many people stay in the country for years waiting to get a green card. They make their careers and raise families. Their children are often born in America and are considered citizens under current law. The government’s argument challenges that long-standing practice.
(With inputs from IANS)
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