Trump Inauguration: New York immigrant groups slam new president’s attempts to revoke birthright citizenship

Day 1 of the second Donald Trump presidency arrived on Monday, with the new commander-in-chief promising to issue an order that would put an end to birthright citizenship for children of parents who are in the United States illegally.

“As part of my plan to secure the border, on day one of my new term in office, I will sign an executive order making clear to federal agencies that under the correct interpretation of the law, going forward, the future children of illegal aliens will not receive automatic U.S. citizenship,” President Trump said.

But would an order like this be unconstitutional? The 14th Amendment says so. “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,” the 14th Amendment states in section 1 of the law.

Many other politicians and immigrant advocacy groups who defend the rights of the country’s many undocumented residents also agree that birthright citizenship — conferred upon someone born in the United States as citizens, regardless of their parents’ citizenship status — cannot be revoked with the stroke of a president’s pen.

Laurie Ball Cooper, vice president for U.S. legal programs at the International Refugee Assistance Project, called the proposal “fundamentally un-American,” adding that it would be illegal if enacted.

“Since the 14th Amendment was ratified in 1868, birthright citizenship has been one of the unique qualities that makes America a land of promise, freedom, and opportunity,” she said. “Stripping that protection from future children would not only violate the Constitution, it would pose a threat to the civil rights of all Americans and create a permanent underclass without equal protections.”

Ball Cooper explained that if the policy were to become law, whether through an executive order or new amendment, it would hurt many Americans.

“If implemented, this attack on the Constitution would inevitably lead to family separation, racial discrimination and incalculable harm to Americans denied protections that are, at their very core, their birthright,” she said.

It would also be “an attack on our values,” Murad Awawdeh, president and CEO of the New York Immigration Coalition, added.

“Birthright citizenship has been protected by the 14th Amendment of the Constitution for 150 years. It is a simple standard for determining who is an American, without regard for the color of one’s skin or ancestry,” he said. “We will fight this unconstitutional order, and we will prevail.”

Birth tourism would end

The executive order would also cancel what is known as “birth tourism,” when foreign national women enter the United States during the final weeks of pregnancy “for the sole purpose” of obtaining U.S. citizenship for their child, Trump’s agenda states.

Although it is difficult to say just how many U.S.-born adults who are children of unauthorized immigrants live in the country, the PEW Research Center puts that number at about 1.3 million.

Eliminating birthright citizenship would undoubtedly be a tough challenge to pursue, but Trump has remained outspoken about his intended reform of immigration.

Donna Lieberman, executive director of the New York Civil Liberties Union, responded by saying Trump has a “disdain” for American freedoms, adding that the ACLU is ready to take on the battle of birthright citizenship revocation.

“We are ready once again to fight Trump’s cruelty in the courts, the legislature, and in the streets,” Lieberman said in a statement.

She recounted her group’s previous work during Trump’s first term in office from 2017 to 2020, when he initially enacted immigration changes.

“We won the reunion of immigrant children with their families, ended indefinite ICE detention in our state, and helped hundreds of thousands of New Yorkers speak out, know their rights and take action,” she said.

U.S. Rep. Ritchie Torres, who represents the South Bronx, jumped onto social media giant X to criticize Trump’s plan.

“Birthright citizenship is guaranteed by the 14th Amendment to the U.S. Constitution,” he wrote. “The executive order is blatantly unconstitutional. The American people oppose the end of birthright citizenship.”

Make the Road NY, a group that advocates for immigrant communities, launched an online pledge for New Yorkers and others to sign in opposition to Trump’s anticipated crackdown on illegal immigration. On the group’s website, it lists previous immigration actions the president has taken, including the “Remain in Mexico” policy that requires migrants seeking asylum to stay in the southern country until their U.S. immigration court date arrives.

Both Presidents Trump and Joe Biden supported the policy.

“Starting on Day 1, President Trump has promised to ‘carry out the largest domestic deportation operation in American history,’“ the group’s petition reads. “He has announced plans to target immigrant children, families and workers, and to, once again, separate children from their parents at the border.

Meanwhile, some NYC-based politicians applauded Trump’s first day in office, including U.S. Rep. Nicole Malliotakis who represents parts of Brooklyn and Staten Island.

“Today is the day of the great American comeback,” she posted on X. “Today is the day we begin our work to make America safe, secure, prosperous, affordable and great again!”