New York, Jan 23 (IANS) Amid reports of Indians in the US on temporary visas requesting early C-Sections to speed up the birth of babies to beat President Donald Trump’s order restricting birthright citizenship, a leader in the Indian medical community has expressed scepticism about the feasibility.
Indian mothers with babies on the way were reported to be asking obstetricians to conduct C-Sections before February 19, the deadline for Trump’s order ending automatic citizenship for anyone born in the US comes into force, limiting the right to only babies of citizens and Green Cardholders.
The executive order issued soon after Trump was sworn in is under legal challenges from several states that say it is unconstitutional.
Dr Avinash Gupta, the regional director of the American Association of Physicians of Indian Origin (AAPI) said that he had seen reports of some Indians approaching obstetricians to schedule C-Sections to beat the deadline but said he was sceptical.
He said there were ethical and legal issues in carrying out the procedure without medical necessity months or weeks ahead of the due date.
“I don’t think that any doctor would do that,” he said.
While it may be permissible to move a C-Section already scheduled or if valid reasons arise by a week or so, there would be serious issues with doing it months or even weeks early for non-medical reasons, he cautioned.
Babies born prematurely face many health problems, some of them very serious, and a doctor could be liable for medical malpractice, he said.
The statute of limitations – the time before which a case can be filed – extends to the age of 18 for a child, and doctors may find themselves sued years later if there had been complications, he said.
Although Republicans had claimed that the birthright order would apply to only those here illegally, the wording of the order, cleverly titled as “Protecting the Meaning and Value of American Citizenship”, restricts citizenship to only children of citizens or Green Cardholders.
This would exclude the children of hundreds of thousands of Indians on H1-B visas for professionals, L1 visas for intra-company transferees, and other visas including those for students and visiting academics.
That has set off a wave of panic causing some expectant Indian parents to explore early C-Sections, according to reports.
Trump’s order, however, is being challenged by 22 states and two cities in federal courts.
The order runs counter to the legal interpretations of the Consitutions14th Amendment that guarantees citizenship to “all persons born” in the US and further says, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States”.
However, it may take three to five years for the case to be finally resolved, according to the law firm of Reddy, Neumann, Brown which specialises in immigration matters.
The firm said that the babies may apply for dependent nonimmigrant status under their parent’s visas and later pursue other avenues for permanent status or citizenship, like sponsorship by their parents when they become eligible for Green Cards.