Trump Just Released His Plan to Revoke Birthright Citizenship. It’s Worse Than Imagined.
A Fascinating Enigma Jurisprudence
Trump Just Released His Plan to Revoke Birthright Citizenship. It’s Worse Than Imagined.
By Mark Joseph Stern, July 30, 20254:07 PM
What penalty will Trump impose on these infants? Photo illustration by Slate. Photos by Chip Somodevilla / Getty Images and Taws13 / iStock / Getty Images Plus.Sign up for the Slatest to get the most insightful analysis, criticism, and advice out there, delivered to your inbox daily.
Ever since Donald Trump vowed to end birthright citizenship for the children of many immigrants, one question has loomed: How could the executive branch possibly implement such a sweeping rollback of constitutional rights? The United States has granted birthright citizenship to virtually all children born on its soil since 1868, when the 14th Amendment enshrined that guarantee into law. What would it look like for the government to abruptly change course, adopting a radically different system of citizenship through presidential decree? How could the Trump administration identify the roughly 150,000 babies born each year who would no longer receive their fundamental right of citizenship? What penalty would it impose on these infants, some of whom would be rendered literally stateless?
For months, federal courts blocked the Trump administration from developing any such plans, finding the executive order unconstitutional from top to bottom. In June, however, the Supreme Court expressly permitted the government to begin “developing and issuing public guidance about the executive’s plans to implement” Trump’s order. Acting on that decision, an immigration agency released the first stage of its “implementation plan” last Friday. It shocks the conscience. In dry bureaucratic language, the memo outlines a plan to revoke citizenship from the children of both immigrants who lack permanent legal status and many lawful residents, including visa holders, Dreamers, and asylum-seekers.
Read online: https://slate.com/news-and-politics/2025/07/trump-birthright-citizenship-supreme-court-ice-maternity-ward.html – some behind paywall
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