This policy update highlights key developments related to immigration and citizenship within the Access to Justice program, with a focus on birthright citizenship litigation, employment-based immigration pathways, asylum protections, and visa backlogs. The update below summarizes recent legal challenges, proposed federal legislation, and administrative changes shaping access to citizenship, work authorization, and long-term legal status, with important implications for South Asian American communities.
Birthright Citizenship Litigation
Case Background
Birthright citizenship in the United States is grounded in the Fourteenth Amendment of the Constitution, which guarantees that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” This principle has been affirmed for over a century, including in the Supreme Court case United States v. Wong Kim Ark (1898).
Current Updates
In 2025, Donald Trump issued Executive Order 14160: “Protecting the Meaning and Value of American Citizenship” seeking to deny citizenship to children born in the U.S. to certain noncitizen parents. The order has been blocked by multiple courts and is now at the center of Trump v. Barbara, the primary case currently before the Supreme Court on this matter. The core legal question is whether a presidential executive order can lawfully restrict birthright citizenship in a manner consistent with the Fourteenth Amendment and existing federal law.
Impact on South Asians
South Asians in the U.S. are largely immigrant-origin, with many families including noncitizen parents on temporary visas and U.S.-born children who receive citizenship under the 14th Amendment. Among Indian Americans, about 51% are naturalized citizens, and Indians account for roughly 70% of H-1B visas, highlighting reliance on temporary skilled migration. The outcome of Trump v. Barbara, which challenges restrictions on birthright citizenship under Executive Order 14160, will be profoundly consequential for South Asian families, reshaping questions of legal belonging, stability, and family security in the United States regardless of how the Court rules.
Additionally, a coalition led by the South Asian American Justice Collaborative (SAAJCO), including SAAPRI submitted an amicus brief highlighting the specific risks to South Asian communities and emphasizing the importance of preserving birthright citizenship. Learn more and read the full brief here.
Welcoming International Success Act (WISA) – H.R.7859
Bill Overview
The Welcome International Success Act (WISA Act) was introduced in the U.S. Congress in March, 2026 by Rep. Bonnie Watson Coleman (D-NJ). It aims to nullify the Presidential Proclamation restricting entry for certain visas, particularly the H-1B visa by imposing the $100k fee for all new H1-B applications filed on behalf of beneficiaries living outside of the US or beneficiaries within the US.
Impact on South Asians
The WISA Act would help restore the H-1B visa program as a pathway to upward mobility for many South Asians, who have historically relied on it to enter the middle class. It would benefit international students who invest a lot of their money on education in the United States but face barriers to employment after graduation. Given that Indians received 71% of H-1B approvals in 2024, the bill could ease financial strain on families and help sustain vital remittance flows supporting communities abroad.
Court Blocks Limits on Immigration Appeals
Case Background
The case Amica Center for Immigrant Rights v. Executive Office for Immigration Review challenged a 2026 rule that would have made it much harder to appeal deportation decisions. The rule shortened appeal deadlines from 30 to 10 days and allowed quick dismissals, even before full case records were reviewed, effectively limiting meaningful oversight by the Board of Immigration Appeals.
Current Updates
The U.S. District Court for the District of Columbia blocked key parts of the rule before it took effect. The court found the policy likely violated federal law and due process by rushing appeals and skipping public input. It specifically stopped provisions that would fast-track dismissals and reduce filing time, preserving a more standard review process.
Impact on South Asians
South Asians are a growing share of asylum seekers, including people from India, Pakistan, and Bangladesh. Advocacy groups also note that fast-track deportations disproportionately harm those without lawyers or facing language barriers. In a linguistically diverse population, where applicants may speak Hindi, Urdu, Punjabi, Bengali, Tamil, and other languages, fast-track deportations can be especially harmful. By preserving appeals, the ruling helps ensure South Asian immigrants can fully present claims (e.g., religious or political persecution), reducing risks of wrongful deportation and family separation.
U.S. Department of State Visa Bulletin Updates
Employment-Based Green Card Backlogs
About the Bulletin
The Department of State’s (DOS) Visa Bulletin is a monthly report that determines when immigrant visa applicants can move forward in the green card process based on their “priority date” (when their petition was filed). It exists to manage demand so green card issuance does not exceed annual legal limits, with additional per-country caps shaping access in employment-based categories.
Current Updates
The March 2026 Bulletin shows continued backlogs across countries from South Asia. India remains heavily oversubscribed in both family- and employment-based categories, with minimal movement in EB-3 and only slight advancement in EB-2. Nepal is also significantly constrained in the Diversity Visa program, with a cut-off of 6,500 for March but advancing to 10,000 in April, indicating a modest easing of eligibility for some applicants while many remain backlogged, meaning only lower-ranked applicants can proceed, while others remain waiting. This reflects sustained high demand and limited visa availability across the region.
Impact on South Asians
These patterns translate into prolonged waiting periods for many South Asian immigrants seeking permanent residency. Extended timelines for green cards can limit job mobility, delay family reunification, and reinforce long-term dependence on temporary visa statuses, shaping economic and personal uncertainty despite years of residence in the United States.
Proposed Rule to Delay Asylum Work Permits
The Policy
The U.S. Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services, proposes major changes to how asylum seekers receive employment authorization under the U.S. Citizenship and Immigration Services. Currently, individuals with pending asylum cases can apply for a work permit (EAD) after a set waiting period while their case is under review.
The rule would extend the waiting period to apply for a work permit to 365 days, allow DHS to pause acceptance of new EAD applications when asylum processing times exceed 180 days, and impose additional eligibility checks, including biometrics, additional ineligibility grounds, and automatic termination of work authorization after asylum denial or dismissal. It also allows DHS to prioritize cases flagged with “derogatory information.”
Impact on South Asians
South Asians are a growing share of asylum seekers, including people from India, Pakistan, and Bangladesh. Delayed work authorization could extend periods without access to legal employment during an already lengthy asylum process. This may affect applicants’ ability to generate income for themselves and their families and may lead some individuals to rely on alternative or informal sources of income. It may also slow economic integration and extend periods of economic and legal uncertainty during ongoing asylum proceedings.