By Civitas
Special to the AFRO
On May 15, 2025, the U.S. Supreme Court is set to hear a case that could upend the very foundation of American identity.
At the center of the fight is Executive Order 14160, issued by President Donald Trump on Jan. 20, 2025, which seeks to revoke automatic citizenship for children born in the U.S. to undocumented immigrants or temporary residents. If the court upholds it, the consequences won’t just be felt by immigrant families. This decision could fundamentally shift the balance of power in our democracy—turning rights into privileges and presidents into unchecked monarchs.
Let’s be clear: birthright citizenship is not a policy—it’s a constitutional guarantee. The 14th Amendment, ratified in 1868, was crafted after the Civil War to undo the legacy of slavery and ensure that every child born on American soil would be an American citizen, regardless of their parents’ race or status. That principle was reaffirmed in United States v. Wong Kim Ark (1898) and has been settled law for over 125 years.
But now, through executive action—not legislation, not amendment—Trump wants to erase that right for millions. His legal team argues that the phrase “subject to the jurisdiction thereof” excludes undocumented immigrants. But the courts have rejected that logic for decades. In Plyler v. Doe, the Supreme Court held that even undocumented immigrants are subject to U.S. law, and so are their children. This isn’t a legally gray area—it’s constitutional fact.
So why this push now?
Because it’s not just about law—it’s about power. The goal is to create chaos, to overwhelm the courts, and to force families—many Black, Brown, and poor—to sue for citizenship that should already be theirs. It’s governance by attrition. Flood the system with unconstitutional executive orders, let them drag through the courts for years, and in the meantime? Disrupt lives, block passports, and disenfranchise entire communities.
This strategy is dangerous and deliberate. And it’s not new.
We’ve seen it before: voter purges, gerrymandering, redlining, and discriminatory policing—each a tool to rewrite who gets to belong. This is the same playbook, now aimed directly at the Constitution itself.
If the court sides with Trump, the implications go far beyond immigration. Any president could attempt to reinterpret the Constitution to their liking—revoking rights first and asking questions later. Today, it’s birthright citizenship. Tomorrow, it could be the right to protest. The right to vote. The right to exist freely in your own country.
And let’s be honest. The communities targeted by this order are not random. They are the same communities that have always been told they’re “guests” in the country their ancestors built. Black and Brown Americans have long been told their rights are provisional. Executive Order 14160 makes that threat explicit.
We must not wait for the Court’s decision to sound the alarm. This is the time to act.
Congress must codify birthright citizenship into federal statute. Civil rights groups must be ready to mobilize. And every American who believes in liberty and equality must speak out—loudly and often.
Because if we allow presidents to erase constitutional rights with a signature, we may find ourselves in a country where the Constitution no longer matters at all.
Drawing inspiration from the original authors of the Federalist papers’ use of “Publius” (referring to Publius Valerius Publicola, a founder of the Roman Republic), we use “Civitas” as our pseudonym.“Civitas” is Latin for “citizenship” or “community of citizens,” emphasizing both the rights and responsibilities of citizens in maintaining a constitutional republic. This pseudonym reflects our focus on civic engagement and the collective effort required to preserve democratic institutions in the face of current challenges.