US immigrants rush for preterm babies to avoid February 20 deadline
By Jeph Ajobaju, Chief Copy Editor
Donald Trump has confirmed his administration plans to appeal the federal court ruling on Thursday that temporarily halted his birthright citizenship ban in one of the raft of executive orders he issued a few hours after his second term inauguration as United States President on Monday.
Birthright citizen is embedded in the 14th Amendment of the US Constitution, and District Judge John Coughenour described Trump’s order as “blatantly unconstitutional” in the ruling, with civil rights activists insisting that a President has no power to amend the Constitution.
To amend the US Constitution requires two-thirds approval in both Chambers of Congress (Senate and House of Representatives) as well as concurrence of four-fifths (40) of the legislatures of the 50 states.
The stark hurdle for Trump in compounded by 22 states having taken a joint lawsuit against the order.
However, not knowing how the legal process will end up, an increasing number of immigrants, particularly Indian pregnant women in New Jersey, are requesting pre-term C-sections because of Trump’s announcement.
The Times of India (TOI) reports that despite the risk to mother and child, many feel this is their only chance for stability, particularly those waiting for green cards. The policy change has severe implications.
At a maternity clinic in New Jersey, Dr S D Rama has been fielding an unusually high number of requests for pre-term delivery since Trump’s January 20 proclamation about termination of birthright citizenship under the 14th Amendment.
The majority of those dialling Rama or queuing up at her clinic are Indian women in their eighth or ninth month of pregnancy, all asking for C-sections to be scheduled before February 20 if the ban is not overturned at the expected final adjudication at the Supreme Court.
A few are still a couple of months away from full term.
“A seven months pregnant woman came with her husband to sign up for a preterm delivery. She isn’t due until sometime in March,” Rama told TOI from New Jersey.
The desperation to beat the birthright citizenship deadline – babies born February 20 onwards to those who aren’t permanent residents won’t be automatically be entitled to citizenship – is apparently widespread.
“I am trying to tell couples that even if it is possible, a preterm birth poses significant risk to mother and child,” said Dr S G Mukkala, an obstetrician and gynaecologist in Texas.
“Complications include underdeveloped lungs, feeding problems, low birth weight, neurological complications and more. In the past two days, I have spoken to 15 to 20 couples regarding this.”
With the backlog for green cards stretching to over a century now, birthright citizenship was a safety net for many expectant couples, especially Indians working in the US.
“We were counting on our child being born here,” said Varun, who along with his wife Priya (names changed) moved to the US eight years ago on H-1B visas.
“We’ve been waiting for our green cards for six years. This was the only way to ensure stability for our family. We are terrified of the uncertainty.”
Priya, 34, is due to give birth in early March.
A 28-year-old finance professional said his plans would go haywire if his dependant wife were to give birth to their first child after the deadline.
“We sacrificed so much to come here. Now, it feels like the door is closing on us,” the H-1B holder said, still a few months away from parenthood.
For illegal immigrants, the change in policy has even stronger ramifications.
California-based Vijay (name changed), who has been living in the US for eight years since entering the country illegally, said he and his seven months pregnant wife were “crushed” by the news of the Trump administration enforcing the deadline so soon.
“We thought of seeking asylum, but then my wife got pregnant and our lawyer suggested that we get direct citizenship through our child. Now, we are all at sea.”
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