Trump’s birthright citizenship order rattles H-1B workers expecting a baby

Seems like the hardliners won this debate within the Trump administration but court decisions will likely make this moot:

Ajay’s dilemma shows the wide ranging fallout from the early days of Trump’s immigration crackdown. While the emphasis during the campaign was border security and deportations of people in the country without permission, some of Trump’s first executive orders have targeted legal immigrants. 

That includes refugees whose resettlement plans were canceled, asylum seekers whose appointments to plead their case were scrapped and holders of H-1B and other work and student visas who are now trying to navigate what the new policy on birthright citizenship means for their families.

The situation also highlights tension within the Trump universe about immigration. Elon Musk has called for an expansion of the H-1B visa program to help ensure a robust pipeline of workers for tech companies like his own, while others like Deputy White House Chief of Staff Stephen Miller have espoused more restrictive polices.

About 85,000 foreigners are allowed to move to the US annually under the coveted H-1B visa program, and there are now hundreds of thousands of people living in the US under those rules. Indians are the biggest recipients, accounting for 75% of all such visa petitions in 2020, with Chinese No. 2 with about 12% and Canadians No. 3. with 1%, according to US Citizenship and Immigration Services.

Under Trump’s order, citizenship would be denied to any child who doesn’t have at least one parent who is a US citizen or legal permanent resident. While it would apply to those in the country illegally — long a goal of Miller and others — it would also extend to those in the US as tourists, students or on temporary work visas.

The US is fairly unique in offering unconditional birthright citizenship, creating a special enticement for foreign workers deciding on which country to move to. Mexico and Canada have similar rules, but places including Australia, Germany, India and the UK don’t. If US nationals have a baby in Australia, for example, the child will automatically get the same visa status as the parents.

There is no official US data available about how many children are born to non-citizens annually. But in lawsuits challenging the order, lawyers said at least 150,000 children a year could be affected.

On Jan. 23, a federal judge in Seattle, John Coughenour, put the order on hold for 14 days and could extend that going forward. Other hearings set for challenges filed elsewhere are expected in the coming weeks.

Rajat Suri, a tech entrepreneur and co-founder of the ride hailing company Lyft Inc., said curtailing birthright citizenship has the potential to make it dramatically harder for US companies to recruit foreign workers.

“Every company that hires talented immigrants to come work for them, they are attracting them to build their lives, including families,” said Suri, whose latest venture is Lima, a company that helps foreign workers interested in moving to the US navigate the system. “If a baby is not going to be a US citizen, that is going to be a huge deterrent.”

He said attracting foreigners to the US is already complicated, given the extensive documentation and vetting needed to win a work visa. He met coworkers on temporary visas who opted to return home because of immigration complications, and adding a layer of uncertainty about the fate of any children born on US soil would only make things more complex, he said.

“We already put immigrants through so much unnecessary trauma,” said Suri, the child of Indian immigrants to Canada who is now a naturalized US citizen. “They will just go to some place that treats immigrants better, where they have options.”…

Source: Trump’s birthright citizenship order rattles H-1B workers expecting a baby