Synopsis
In response to reports of Indian nationals on temporary visas seeking early C-Sections to evade President Trump's birthright citizenship order, a medical leader expresses skepticism about the practicality and ethical implications of such actions.Key Takeaways
- Indian mothers are requesting early C-Sections to beat Trump's citizenship order.
- Medical experts raise concerns over ethical and legal issues.
- Trump's directive is facing legal challenges from multiple states.
- There are implications for premature births and potential malpractice claims.
- Newborns may qualify for dependent nonimmigrant status under their parents' visas.
New York, Jan 23 (NationPress) In light of reports indicating that Indian nationals in the US on temporary visas are seeking to expedite the arrival of their babies through early C-Sections to circumvent President Donald Trump’s directive limiting birthright citizenship, a prominent figure in the Indian medical field has voiced doubts regarding the practicality of such actions.
Reports have surfaced of expectant Indian mothers expressing their desire to obstetricians to perform C-Sections prior to February 19, the date when Trump’s order, which terminates automatic citizenship for newborns in the US, is set to take effect. This new rule restricts citizenship rights exclusively to children of citizens and Green Card holders.
The executive order, instituted soon after Trump assumed office, is currently facing legal opposition from numerous states that argue it violates constitutional principles.
Dr. Avinash Gupta, the regional director of the American Association of Physicians of Indian Origin (AAPI), noted that while he has heard of some Indians trying to arrange early C-Sections, he remains skeptical about the ethical implications.
He emphasized that there are significant ethical and legal concerns associated with performing such a procedure without medical necessity weeks or months ahead of the expected delivery date.
“I doubt that any medical professional would agree to do that,” he remarked.
Although rescheduling an already planned C-Section or moving it forward a week for legitimate reasons may be acceptable, he warned that scheduling it months in advance for non-medical motives presents serious challenges.
Infants born prematurely can encounter a variety of serious health issues, and practitioners could face malpractice lawsuits, he cautioned.
He further explained that the statute of limitations for bringing forth a lawsuit extends to the child’s 18th birthday, meaning doctors could potentially be held liable for complications long after the fact.
While Republicans have claimed that the birthright citizenship order is directed solely at undocumented individuals, the language of the order, cleverly titled “Protecting the Meaning and Value of American Citizenship,” limits citizenship to children born to citizens or Green Card holders.
This change would exclude the children of hundreds of thousands of Indians holding H1-B visas, L1 visas for intra-company transfers, and other categories of visas, including those for students and visiting scholars.
This has triggered a wave of anxiety among some Indian parents-to-be, prompting them to consider early C-Sections, as indicated in several reports.
However, Trump’s directive is currently being challenged in federal courts by 22 states and two municipalities.
The order contradicts the prevailing legal interpretations of the 14th Amendment of the Constitution, which guarantees citizenship to “all persons born” within the US and stipulates, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.”
Nevertheless, it may take three to five years for a final resolution of the case, according to the law firm of Reddy, Neumann, Brown, which specializes in immigration law.
The firm further noted that the newborns may be eligible to apply for dependent nonimmigrant status under their parents’ visas and subsequently explore additional pathways for permanent residency or citizenship, such as sponsorship by their parents when they qualify for Green Cards.
