What Trump promises to end birthright citizenship actually means

In President-elect Donald Trump's recent interview with Kristen Welker, host of NBC News' Meet the Press, he once again promised to end birthright citizenship when he takes office in January. You know, you're the only country that has it, Trump falsely claimed. Although he missed many details about birthrights, we should focus on the sea change that would result from no longer guaranteeing citizenship and its privileges to every child born in the United States. It is an evisceration of the American promise that can only emerge from a willful, malicious, and inherently cruel misreading of the Constitution.

It is an evisceration of the American promise that can only emerge from a willful, malicious, and inherently cruel misreading of the Constitution.

As the Trump campaign laid out over the summer, the proposed executive order he would sign would limit the scope of automatic citizenship to children born here and require at least one parent to prove they are a U.S. citizen or permanent resident. In the absence of such evidence, federal agencies would be required to deny the newborn from receiving a Social Security number and prevent the parents from receiving federal benefits like the Special Supplemental Nutrition Program for Women, Infants and Children, better known as WIC. This baby would also be denied a U.S. passport and any other documentary proof of citizenship.

Trump first proposed a similar change in 2018, but it was shelved by more cautious staffers. This time, however, his new deputy chief of staff, Stephen Miller, and other hard-liners are preparing to move forward with as many restrictions on immigration as possible. They subscribe to a worldview that has long rejected the idea that America's white Christian heritage could subsist while freely accepting the children of non-white migrants or former black slaves as equal citizens under the Constitution.

Miller's marginal reading of the 14th Amendment becoming federal policy requires ignoring the amendments in extremely simple language: 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 in which they reside. Trump hopes to add an asterisk to the clause and potentially exclude hundreds of thousands of babies each year. This would, in effect, turn these new American citizens into undocumented aliens before they have completed their first day on Earth.

Trump's campaign argued the change was needed to deter illegal border crossings and prevent what are derisively called anchor babies from acting as a backdoor for undocumented parents to stay. But this requirement would also exclude babies born to parents who are legally in the United States but who are not permanent residents. This would not only exclude babies born to people on temporary work or student visas, but it would also exclude babies born to people admitted as refugees or granted political asylum.

America would go from one of the freest and most welcoming countries to a nation of exclusion based on blood and soil.

In the latter case, asylum seekers and refugees must wait a year before even applying to become permanent residents. Even applying for and acquiring an employer-sponsored green card can take up to three years. And based on what Trump's team has said, babies born in the meantime would not be considered citizens, no matter where their parents are in the application process. Instead, there would now be a second-class category of children who could be deported along with their parents under the mass expulsions promised by Trump.

Tellingly, the way the policy was described suggests that Trump's team has learned lessons from the chaos caused by the Muslim ban in 2017. Rather than opting for the most radical change possible, Miller and his colleagues suggested a common-sense measure that would save taxpayer money, would only affect children born to two undocumented parents and would not be retroactive.

However, such a change will almost immediately cause a mountain of litigation, and rightly so. It will be difficult, even for the Supreme Court's archconservative majority, to overturn more than a century of precedent affirming that citizenship is granted at birth. But that won't stop right-wing ghouls from pushing for this to be overturned.

It is dangerous to even accept exceptions to the idea that people born in the United States are citizens. It is only a small step to require a parent's citizenship as a prerequisite; then both parents; then grandparents. America would be transformed from one of the freest and most welcoming countries into an exclusionary nation of blood and soil, built on the backs of children whose only crime was being born under the second Trump regime.

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