Donald Trump was sworn in as the 47th President of the United States of America on January 20, 2025. On the first day of his second term, President Trump signed various orders, one of which was to revoke the birthright citizenship given to all babies born in the United States.  

For more than 150 years, babies born in the United States were entitled to birthright citizenship regardless of their parents’ immigration status, as affirmed in the 14th Amendment: “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”.

In this blog, we will discuss in depth what the end of birthright citizenship could mean for H-1B workers’ employers and what steps they must take to be prepared for this drastic change.  

Why Does Birthright Citizenship Matter?

Birthright citizenship is deeply engraved in the concept of “jus soli” or “right of the soil,” which means any kid born in the United States is considered a permanent citizen, making the United States a country of immigrants and offering them a way to establish their identities to pave their ways.  

Here’s why birthright citizenship is considered crucial:  

• Provides Stability: It ensures children born to immigrant parents have a stable life ahead, allowing them to take advantage of all opportunities the United States has to offer, such as the right to live, work, and study in the country as well as access to healthcare and eventual citizenship benefits.  

• Promotes Diversity: It fosters a multicultural society by allowing immigrants to provide a comfortable living environment for their descendants, which helps them integrate into the American culture smoothly.  

• Prevents Statelessness: Birthright citizenship ensures every child is entitled to basic rights and an identity to associate themselves with, securing their future and protecting them from the challenges of statelessness.  

What Does Trump’s Executive Order Mean?

To redefine the 14th Amendment, President Trump signed Executive Order 14156, titled “Protecting the Meaning and Value of American Citizenship.” This order states that babies born to immigrants should not be entitled to birthright citizenship as they are not under U.S. authority, and for a child to get citizenship, at least one of the parents must be a permanent citizen or a green card holder. This order will take effect on February 19, 2025.  

The key provisions of the order include:  

• Children of Undocumented Immigrants: Babies born to mothers who are illegally living in the United States will no longer get birthright citizenship as they are not subject to the nation’s jurisdiction.    

• Children Born to Lawful Visa Holders: Children of legal immigrants living in the U.S. on visas such as H-1B and H-4 will no longer be entitled to automatic birthright citizenship.    

What should Immigrants Expect?

This news has already created a whirlwind of arguments all over the internet in the past couple of days, and the effect will only intensify in the upcoming weeks.  

Here’s what we can expect:  

• Legal Battles: Attorneys have already begun advocating this matter, stating how this is a clear violation of the 14th Amendment, a cornerstone of the U.S. Constitution. 22 states have filed lawsuits to block the order, and a federal judge in Seattle hears a case supported by Arizona, Illinois, Oregon, and Washington. In the coming days, more attorneys and activists will be seen gathering up to raise their voices against Trump’s decision to end birthright citizenship.  

• Social Impacts: Uncertainties are rising among major immigrating countries such as India, making them re-evaluate their decision to stay in the United States. Skilled workers are now exploring various alternatives, such as moving to a different country that will provide them with a reliable path.  

• Economic Changes: Employers are always looking to hire highly skilled workers for specialized positions in dominating industries like Tech and Healthcare. An end to birthright citizenship will prevent these workers from further staying in the United States, negatively affecting economic growth.  

Immigrants should take a calm and proactive approach by staying informed about policy changes through reliable sources like the USCIS website and keeping their documentation updated to avoid complications. It is essential to review visa statuses regularly to ensure compliance with immigration laws and secure critical documents for children born in the U.S., such as birth certificates, social security cards, and proof of residence. Also, consulting an experienced immigration attorney can provide clarity on rights and help prepare for any future changes.

What Should Employers of Legal Immigrants Do?

With the potential end of birthright citizenship, employers of H-1B and other legal immigrant workers must proactively support their workforce and ensure compliance with changing regulations. Here are some key actions to consider:

Stay Informed: Employers should stay updated on policy changes that impact immigration and citizenship laws. Regularly check the official USCIS website and subscribe to trusted industry newsletters to stay informed about developments that could affect your employees.

Review Employee Documentation: Conduct regular audits of your employees’ immigration documents to ensure their information is accurate and up-to-date. This includes verifying visa statuses, work authorization, and any other compliance requirements related to their employment.

Offer Resources for Legal Support: Provide access to immigration attorneys or legal counsel who specialize in employment-based visas. Offering this support can help employees understand their rights and prepare for potential changes to their immigration status.

Educate Your Workforce: Host informational sessions or workshops to educate your workforce about the potential implications of policy changes. Clear communication can help ease anxiety and ensure employees are aware of the resources available to them.

Plan for Contingencies: If employees’ immigration statuses are at risk due to policy changes, have a contingency plan. This could include exploring alternative visa options, providing relocation assistance, or adjusting roles to accommodate remote work.

By taking these steps, H-1B employers can create a supportive environment for their legal immigrant workforce and minimize disruptions caused by potential changes to immigration policies.

Conclusion

On his first day of the second term, President Trump signed an executive order to end birthright citizenship, preventing children born to immigrants (whether undocumented or lawful visa holders) from automatically obtaining U.S. citizenship. This policy, set to take effect on February 19, 2025, challenges the 14th Amendment's jus soli principle, sparking legal and social debates with over 22 lawsuits already filed against it.

This significant shift in immigration policy directly impacts H-1B workers and their employers, who must now prepare for the potential consequences. Employers should take proactive steps to address this transition effectively, such as staying informed about regulatory updates, auditing employee documentation, providing access to legal support, and educating their workforce about the changes.

By adopting these measures, employers can support their workforce, maintain H-1B compliance, and minimize disruptions in the wake of this controversial policy change.

OnBlick will closely monitor updates on the executive order and its impact on legal immigrants, providing timely insights as new information emerges. To learn how OnBlick can simplify your H-1B case management, book a quick demo today.    

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