The principle of birthright citizenship enshrined in the 14th amendment to US constitution guarantees that all individuals born on American soil, will be granted US citizenship irrespective of their parents immigration status. This doctrine has been a cornerstone of American identity and legal framework for over 150 years. However, recent political endeavors, notably Donald Trump’s executive order aiming to end birthright citizenship born to noncitizens, have ignited intense debates and legal battles. While this order currently faces injunction and has not been implemented, its potential enforcement raised significant concerns, particularly business owners in the US.
Most of the businesses in the US are backed by migrated skilled workers. They form the backbone of the US economy. Trump’s executive order to end birthright citizenship has introduced significant uncertainty for the skilled foreign workers in the US. This policy change which denied automatic citizenship to children born on US soil to non-citizens parents has sparked legal challenges and widespread debates.
Following will be impact on business owners:
- Work force and talent acquisition: many US businesses rely on skilled immigrants holding non immigrant visas such as L1, HI – B etc. Traditionally children born to these visa holders automatically receive citizenship, but revoking birthright citizenship means that these children will no longer be US citizens, potentially leading families to reconsider long term employment in the US. This could deter highly skilled professionals from accepting employment in the US thereby shrinking the talent pool.
- Operational and administrative challenges: businesses employing foreign workers might face increased administrative burdens. Without birthright citizenship, employees need to secure dependent visas for their US born children, complicating the immigration process.
- Economic disruptions: immigrant entrepreneurs have historically played a pivotal role in driving innovation and economic growth in the U.S. revoking birthright citizenship will discourage these entrepreneurs from incorporating their businesses in the US. This will have a detrimental effect, leading to decline in startups and innovation. This may also lead to shortages of labor in sectors heavily dependent on foreign labors such as IT, academia etc.
- Consumer spending: immigrant families contribute immensely to consumer spending. A decline in immigration populations could lead to reduced demand for goods and services, impacting various industries.
- International alternatives: countries like Canada and Australia, which offer more straightforward pathways to citizenship, might become more attractive to global talent. This shift could result in the US losing its competitive advantage of attracting and retaining global talents.
It’s crucial to note that any attempt to revoke birthright citizenship faces substantial challenges. The fourteenth amendment’s clear language was upheld by the US Supreme Court notably in the landmark case of US v Wong Kim Ark, which confirmed that the children born in the US, regardless of their parent’s nationality are citizens of the nation. The executive has met with an immediate legal response. A federal judge in Washington has issued a temporary restraining order blocking the implementation of Trump’s executive order.
Conclusion
While the revocation of birthright citizenship is a theoretical scenario due to the ongoing legal injunctions, its potential implementation poses significant risks to US business owners. From talent acquisition challenges and operational complexities to broader economic implications the ripple effect can be profound. Business leaders should stay informed about these developments and proactively engage in discussions to safeguard their interests.
also read “Benefits of Incorporating in the United States”
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