By Amjad Khan

On the first day of his second term, the nation stood watch as President Trump issued a plethora of controversial executive orders that disrupt all corners of American life.

From his pardoning of violent January 6 rioters to his withdrawal from the near decade long Paris Climate Agreement, it is clear that the president and his MAGA movement are gearing up for a fight.

There is one executive order in particular that is getting the most attention, as the new president and his henchmen make due on their longstanding promise to end birthright citizenship for unauthorized migrants and temporary visa workers. The order reads:

“Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States:  (1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary.”

When the order takes effect, babies born in the United States after that to undocumented parents would, Trump said, “no longer be recognized by the federal government as U.S. citizens.”

Trump’s executive order further directs all federal agencies to deny citizenship documents, such as passports, to children born in the United States to mothers who are unauthorized residents or temporary visa holders, if the father is not a permanent resident or citizen of the United States.

In staying true to his hardline stance on immigration, eliminating birthright citizenship has been at the top of Trump’s agenda for years. Nevertheless, it is disquieting to see the parameters and the lengths he is willing to go to fulfill this promise. The order not only includes undocumented or unauthorized immigrants, but also includes legal immigrants whose status is considered temporary.

Hundreds of thousands who entered the United States legally on student visas, the H-1B program for skilled foreign workers or through refugee programs such as Temporary Protected Status would be subject to the same restrictions. No more permanent status, and no children entitled to citizenship.

While this 14th Amendment controversy is ultimately a matter for the Supreme Court, the birthright citizenship ruse is just one part of Trump’s all-out assault on immigration. He has ordered the suspension of the entire United States Refugee Resettlement Program, believing that former President Biden admitted far too many refugees.

Another executive order requires the Department of Defense’s U.S. Northern Command to draw plans to seal the borders. His executive orders on immigration included the cancellation of thousands of scheduled appointments with people seeking asylum.

The president’s new directive to his federal agencies is unlikely to see any resistance from within his own party as Trump solidified his grip on the Republican Party, and the conservative electorate, with a massive electoral college victory over his opponent, former Vice President Kamala Harris, in November.

While scheduled to take effect in 30 days, this executive order is already facing several high-profile legal challenges due to its clear conflict with section one of the 14th Amendment to the United States Constitution.

Since the adoption of the 14th Amendment on July 9, 1868, citizenship of persons born in the United States has been controlled by its Citizenship Clause, which states:

“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. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

The forces of reason in American political life are already gathering to oppose him. Twenty-two Democratic-led states, in partnership with the District of Columbia and the city of San Francisco, have filed lawsuits in Seattle and Boston asserting that Trump has violated the United States Constitution, and specifically, its Citizenship Clause.

Among those states is Michigan, a state that Trump won by more than 80,000 votes in November. Michigan Attorney General Dana Nessel is among those leading the charge against what she believes are blatant constitutional violations by the new administration.

“The executive order undermining the constitutional amendment providing birthright citizenship to those born in our nation is an affront to the U.S. Constitution, and I am working with my colleagues on pursuing the appropriate legal remedy,” Nessel said.

“While the president has the right to issue executive orders that govern the work of federal agencies, he does not have the unilateral right to take illegal – or in this case, unconstitutional – action against American citizens.”

In addition to being legally arduous, the proposed policy is broadly unpopular among Americans, according to several public opinion polls. But those numbers are unlikely to change the mind of the president, who appears to be focused on his legacy within the minds of his supporters.

Ultimately, as stated earlier, this pressing matter will go before the Supreme Court. Trump and his cabal of MAGA sycophants clearly lack the power under Article 2 of the United States Constitution to alter the 14th Amendment, which — again — explicitly states that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”

I suspect that Trump may believe that the 6-3 conservative majority on the Supreme Court – three of whom he personally appointed – would unlikely resist or thwart him on one of his core political obsessions for over a decade now.

Maybe he believes that justices who were willing to ignore well established precedent during their overturning of Roe v. Wade will be willing to do the same this time around. While Trump has a steep hill to climb, I believe that with this court, anything is possible.

If he should fail, as many constitutional scholars anticipate, Trump is likely to revive his old playbook and blame his opponents and those around him.

As an observer, it is clear to me that Trump has never understood or believed in the value of having a new and improved immigration system. In his world, immigrants are a political punching bag or a boogeyman that can serve him politically as red meat to his base.

Do we have holes in our immigration system? Yes. Do we need immigration reform? Absolutely. People are frustrated with immigration levels that go beyond our great nation’s adaptability and limitations. But the Trump way is not the thoughtful, human centered way that many Americans want from our federal government.

I am the son of naturalized immigrants, and at one point my parents were illegal in the United States. My parents have both passed, but they believed in America more than anyone that I know. They would want me to be here fighting in this prolific battle for the soul of our nation.

I suspect that Trump’s America will be a place filled with sadness and darkness for next four years. America will become a microcosm of what it once was, and people will begin to lose hope and trust in their neighbors.

We owe it to ourselves and future generations of freedom seekers to stay vigilant, and resist the temptations of complacency in this new era.