Undocumented women fear for unborn children after Trump’s citizenship order

Andrea Chavez, who came to the United States illegally nearly two decades ago, gave birth to a daughter last year in Maryland. Within days, the child had a social security number.

Maria Calderas, Ms. Chavez’s cousin, who is undocumented and only a few months pregnant, faces the prospect that her child will not receive the same citizenship rights as now owned by his niece.

On his first day in office, President Trump issued an executive order that seeks to end citizenship for children born in the United States to undocumented immigrants. This right has been enshrined in the Constitution for more than 160 years, and experts say that removing it would require a constitutional amendment.

The incoming administration has made no secret of its plans to attack citizenship, and hours after the order was issued, complaints were filed by two states and the American Civil Liberties Union, which said it violated citizenship requirements of the 14th Amendment. Many lawyers have said so.

But for a president who has made immigration a pillar of his agenda, legal hurdles seem meaningless. Indeed, undocumented women like Ms. Calderas who are hoping to give birth to the Constitution when the ruling takes effect, 30 days from January 20, seem less comforting.

Ms. Calderas, who is from Guatemala, said Mr. Trump’s actions have caused anxiety and uncertainty about the future of her family, especially her son. “I am concerned that the new president does not want to give citizenship to our children,” he said. “This is where he will go to school and grow up. He will speak English like an American.”

In interviews, many of the women said that citizenship ensures their children’s access to health care and other important benefits during their childhood, and gives them a foundation to build a successful life in ‘his quintessential Americanness.

The executive order directs federal agencies not to issue documents recognizing U.S. citizenship to children born to mothers who are in the U.S. illegally or on temporary legal status, such as visas for work or student, unless the father is a green card holder or citizen.

It is an attempt to restore the amendment of the 14th amendment, which states that a citizen is one who is born in the country. Ratified after the Civil War, the amendment was designed to ensure that, with slavery abolished, black citizenship would be protected.

Mr. Trump and his allies see birthright citizenship as a magnet for illegal immigration and have argued that undocumented immigrants are not covered by the 14th Amendment.

“It’s things like this that bring millions of people into our country, and they come into our country illegally,” Mr. Trump said in a campaign video last year. .

Ms. Chavez, who was born in El Salvador, said that after she was born last year, it occurred to her how different her daughter’s life would be from her own, growing up in the United States. no legal immigration status.

“He’s my oldest son, and he’s a first-generation American,” said Ms. Chavez, 23, a graduate student at Brown University’s school of public health.

“I thought about all the things I went through because I didn’t have papers that said I was an American, even though this is the only country I know,” said Ms. Chavez, who was brought to the United States when she was 4 and has temporary legal status until 2023.

“Ivana has her citizenship, which means she can access resources, travel abroad, attend university,” she added to her daughter.

Changing citizenship status could have a significant impact on countless children, even if the effort has not survived a court challenge.

If they are still undocumented, children may not be able to get their driver’s license and in-state college tuition later. They will be barred from holding elected office. They could not join the army.

“These kids will be part of a new permanent underclass,” said Kathy Mautino, an immigration attorney who specializes in citizenship.

The citizenship clause of the 14th amendment states that all persons “born or naturalized in the United States, and subject to the jurisdiction thereof” are citizens of the United States. This provision has been interpreted to apply to almost all children born here, regardless of the status of their parents. But some immigration restrictions believe there are legitimate reasons to narrow the scope.

They argue that undocumented children are not under the jurisdiction of the United States, and therefore do not automatically receive citizenship under the amendment. This is done by executive order.

The sentence was last tested in court more than a century ago. The Supreme Court, in United States v. Wong Kim Ark, held in 1898 that children born to Chinese immigrants were American citizens, despite the Chinese Exclusion Act, which made the parents -mother will not get citizenship.

It could be years before a final ruling is certain to reach the Supreme Court.

“Even if it is thought that these children can be citizens, there can be a lot of suffering between the beginning of the test and the final result,” said Gabriel J. Chin, a professor at the University of California. , Davis School of Law who co-authored a law review article on the 14th Amendment.

Sandra Camacho, 28, was brought to the United States from Mexico when she was 7. She was a beneficiary of the Deferred Action for Childhood Arrivals program, known as DACA, which protected her from deportation and allowed to work legally in the country. . This status does not grant legal permanent residence.

Ms. Camacho said she followed up on Mr. Trump’s threat to revoke birthright citizenship. When she passed away, she felt happy that she had given birth to two children, a boy who is now 4 years old, and a girl who is 4 months old.

“I know now that I have two children who made the cut,” said Ms. Camacho, who lives in Dallas and works in human resources.

“But we want to grow our family, and it’s hard to decide if they don’t have citizenship,” she said. “It’s hard to fathom the possibility that my new baby could be kicked out.”

The United States is one of at least 30 countries that automatically grant citizenship to anyone born within its borders. Finland, Sweden and Great Britain are among the countries that restrict such citizenship.

US citizenship is granted to children born not only to immigrants but also to people who work temporarily in the country or to so-called birth tourists, who travel to the United States during pregnancy to to give birth to an American child.

The scope of the executive order remains unclear, but it could deny citizenship to the children of foreign professionals in the United States with work permits, such as engineers on H-1B for several years.

Proponents of removing birthright citizenship deride the children of tourists and Native American immigrants as “anchor children,” meaning they will be used to get public benefits and legal residency for their families.

When they turn 21, American children can sponsor their parents to get a green card. In reality, it is very difficult for undocumented parents to obtain green cards through their US citizen children, as doing so would require them to return to their home country. and spend years there to complete the process. Most prefer not to take the risk, for fear of being barred from re-entering the United States.

Yajaira Torres, 33, an undocumented immigrant from Colombia, was scheduled for a cesarean section on Jan. 24, four days after Mr. Trump’s inauguration.

Last week, she received a call from her doctor’s office in Los Angeles telling her that the delivery had been postponed. She gave birth to a baby boy on Friday.

“Eithan Daniel will benefit from all the benefits of being an American,” he said.

Nivida, an undocumented Honduran in Louisiana, has a 3-year-old daughter born in the United States, and is expecting a boy in April.

“Her brother, born in the same country, may not have the same opportunities for education, health care and a peaceful life,” said Nivida, 28, who agreed to be interviewed on the condition that 28-year-old Nivida will never know. his name.

“He was not even born and he has to live in secret,” he said.