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By Birth or By Blood

Federal judges block executive order to end birthright citizenship for temporary, undocumented immigrants
By Birth or By Blood

On his first day in office, Jan. 20, President Donald Trump signed the executive order Protecting The Meaning and Value of American Citizenship, ending birthright citizenship for children of noncitizen parents who are in the U.S. illegally or temporarily.

Historically, birthright citizenship has granted U.S. citizenship to anyone born in the country, regardless of ancestry or parental immigration status.

Citing the legal precedent set by the 14th Amendment in 1868 and expanded to protect immigrants by later Supreme Court rulings, multiple federal judges blocked the order.

“No court in the country has ever endorsed the president’s interpretation. This court will not be the first,” District Judge Deborah Boardman said in an article appearing in the Hill.

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On March 13, the Trump administration asked the Supreme Court to overrule the district courts and enable the enforcement of the executive order. The administration argued that since only the Supreme Court has jurisdiction over the entire country, district courts should not be able to issue nationwide injunctions.

Although nationwide injunctions have been challenged before and criticized by several Supreme Court justices, the court has never directly ruled on their legality.

If allowed to proceed, the executive order would end birthright citizenship for those born in the U.S. 30 days after its signing.

Social studies teacher Adam Yonkers said the order could significantly alter the country’s demographics.

“It could have huge implications in terms of the makeup of our different groups of people,” Yonkers said. “We are a nation of immigrants. A lot of people who have come here have been born elsewhere, so I think it would be monumental.”

Chloe Hermosillo, a legislative advocate at the California Immigrant Policy Center, said the order and future immigration policies could put hundreds of thousands at risk of being deported.

“Just in California alone, there are roughly 10 million immigrants,” Hermosillo said. “We could see their (capacity to stay) in the United States compromised.”

But Assistant Superintendent of Equity and Student Affairs Yolanda Conaway said she is not concerned by how the executive order could affect the way PAUSD operates because schools do not inquire about students’ immigration status.

“Citizenship is probably the furthest of the things that we deal with because that’s something handled outside of schools,” Conaway said.

And due to PAUSD’s robust policies regarding immigration enforcement, which Conway said aim to prioritize student safety, all families can feel reasonably secure in their child’s safety at school.

“We have been very clear in our policies that ICE, for example, can’t just show up on our campuses and yank a kid out of school,” Conaway said.

As such, a sophomore, whose name The Campanile is not using because of the current political climate surrounding immigration, said she generally feels safe at school but worries about what happens outside of it.

“Immigration is important to protect because, for me, I wouldn’t want my dad to leave,” the sophomore said. “He’s been part of my life and everything.”

Meanwhile, sophomore Jeshurun Wang, who is an immigrant, said although he opposes Trump’s executive order, he understands the reasoning behind it.

“I feel like there’s a lot more nuance to it than just black and white,” Wang said. “The child that was born here didn’t choose to be an illegal immigrant, but their parents definitely did. So what should we do about that?”

Regardless of the potential impacts of it, Yonkers thinks the order is unlikely to be upheld by the Supreme Court because changing birthright citizenship would require a constitutional amendment, of which only 27 have ever passed.

Because of this, Hermosillo said she thinks much of the current administration’s policies are intended to create chaos and fear in vulnerable immigrant communities.

“This executive order is another one to make people scared,” Hermosillo said. “Understanding what is threatened and not actually happening is important.”

For Conaway, she said she is concerned about the impact of such policies and how they might impact students’ academic performance and mental health.

“I have heard from families indicating the stress and anxiety that some of the legislation has caused,” Conaway said. “Our goal is to make sure that we have our mental health and wellness mechanisms in place to help support students.”

But future policies may not be as benign. Hermosillo said anti-immigration policies and rhetoric are likely to continue.

“I think the administration is going to continue to scapegoat our immigrant communities,” Hermosillo said. “Just last week, they deported a ton of Venezuelan immigrants, accusing them of being part of a gang with no real evidence to back it up.”

Amid the current uncertainty, the sophomore said they remain optimistic for the future.

“I’m trying to hope and pray that stuff in the future and right now go as well as possible, and that nothing happens to my family,” the sophomore said.

For those wanting to take action, Hermosillo said she encourages members of the community to attend Know Your Rights workshops, which are community events that educate immigrant students and their families about their constitutional rights.

“I would also advise students and their parents to not share any information if asked unless you consult a legal representative,” Hermosillo said. “We want to make sure that folks’ personal information is protected at all costs.”

Conaway also said one way students can help is to notify others if they see their peers suffering.

“I always encourage students to find the activists deep down inside somewhere and advocate for humane acts and for change where they feel it’s necessary,” Conaway said. “That doesn’t mean that everyone has to be aligned on what they feel is right.”

Although immigration remains politically divisive, Conaway said schools have a responsibility to serve all students, regardless of personal beliefs.

“No matter what you feel about immigration or whether you’re a conservative or a liberal, from my perspective, it just doesn’t matter,” Conaway said. “No child deserves to come to a place where they are fearful for their safety or fearful of whether they fit in or whether they belong.”

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