Trump Continues His Attack on the Immigrant Community

His Latest Executive Order is Declared “Blatantly Unconstitutional”

by Mark M. Bello

The hits just keep on coming. President Donald Trump continues challenging existing law and the United States Constitution, giving this lawyer plenty to write about. His most recent executive order aims to abolish birthright citizenship. It is a virtual slam dunk that the order is unconstitutional.

This is the latest of his many attacks on our nation’s immigrant community. This anti-immigrant, bigoted new president is so blinded by the notion that immigration is a bad thing that he ignores basic constitutional provisions that define who is and who is not an immigrant.

The 14th Amendment to the U.S. Constitution explicitly states:

“All persons born or naturalized in the United States… are citizens of the United States.”

Thus, by its clear language, the Constitution grants citizenship to anyone born on U.S. soil, regardless of their parents’ immigration status. The Supreme Court affirmed this concept in the 1898 case United States v. Wong Kim Ark, ruling that children born in the U.S. to foreign parents are U.S. citizens.

President Trump’s executive order, signed on January 20, 2025, seeks to reinterpret the 14th Amendment, excluding children born to non-citizen parents from automatic citizenship. This action prompted immediate legal challenges. Attorneys general from 22 states have filed lawsuits to block the order, asserting that it violates the Constitution. The American Civil Liberties Union (ACLU) also initiated legal proceedings, arguing that a president may not unilaterally amend the Constitution.

As I write this article, a federal judge blocked the implementation of the order. U.S. District Judge John Coughenour asked Justice Department lawyer Brett Shumate how such an order could be constitutional. When Shumate asked to brief the issue, Coughenour told him the hearing was his chance.

Coughenour, a Ronald Reagan appointee, called Trump’s executive order “blatantly unconstitutional” and could not recall another case where the challenged action so clearly violated the Constitution. He granted the temporary restraining order sought by four states seeking to block Trump’s order.

Given the clear language of the 14th Amendment and longstanding Supreme Court precedent, this executive order will not withstand judicial scrutiny. A change to birthright citizenship requires a constitutional amendment, a process beyond the scope of Trump’s authority. Trump promised to be a dictator on day one. While he desperately (and despicably) tries to fulfill that promise, he will continue to run into a substantial roadblock—the United States of America is a constitutional democracy. Mr. President, please stop wasting taxpayer dollars and the judiciary’s time with frivolous, “blatantly unconstitutional” executive orders. They are beneath the dignity of your office.