Washington, April 2 (NationPress) A case before the US Supreme Court regarding birthright citizenship has sparked anxiety among Indian professionals holding H-1B visas and other non-permanent permits.

The previous administration asserted in court that children born to individuals classified as "temporary visitors" might not qualify for automatic US citizenship.

Solicitor General John Sauer stated that the Constitution necessitates "direct and immediate allegiance" to the United States, which he argued does not merely stem from being born on American soil.

He contended that children born to parents on temporary visas do not satisfy this requirement.

This stance could have significant implications for thousands of Indian families, as Indians represent the largest demographic of H-1B visa holders in the United States.

Many of these families reside in the US for extended periods while awaiting green cards, establishing careers, and raising children. Under current legislation, their children born in the US are considered citizens.

The government's argument challenges this long-standing interpretation.

Sauer maintained that the phrase "subject to the jurisdiction thereof" should be interpreted as necessitating allegiance linked to lawful residency.

He suggested that this rule should not extend to individuals present in the country temporarily.

Several justices raised concerns regarding the practical implementation of such a policy.

They inquired about how officials would ascertain a child’s citizenship status at birth and whether it would require checking the parents’ immigration status each time.

The government indicated that the system would depend on "objectively verifiable" immigration data, implying that a child's citizenship could hinge on the parents' visa status.

Legal representatives opposing the administration cautioned that this approach could overturn established law.

They referenced the 1898 Supreme Court decision in United States v. Wong Kim Ark, which determined that most children born in the US are citizens, irrespective of their parents' immigration status.

They asserted that the Constitution provides a clear guideline: "Everyone born here is a citizen alike," as stated by counsel in court.

For Indian families, the implications are substantial.

H-1B visa holders frequently endure lengthy delays in achieving permanent residency. During this waiting period, their US-born children possess full citizenship rights.

A modification in the law could introduce uncertainty, impacting access to education, employment, and government benefits.

The court also examined whether any potential ruling would only have future implications.

The government claimed its policy would be prospective, but challengers warned that the rationale could jeopardize the status of many individuals.

This case arises amid a backdrop of ongoing immigration debates within the United States.

The administration argued that existing regulations serve as a "pull factor" for unlawful immigration.

The 14th Amendment, ratified in 1868, grants citizenship to all individuals born in the US and subject to its jurisdiction, originally intended to secure citizenship for freed slaves after the Civil War.

For over a century, the US has upheld a broad interpretation of birthright citizenship.

The Supreme Court's decision has the potential to alter this foundational principle, directly impacting Indian professionals and their families.