AUSTIN, Texas — In his first couple of days in office, President Donald Trump has taken several actions to crack down on illegal entry at the U.S.-Mexico border.
Among those actions taken includes ending asylum, meaning those who cross the border illegally would be sent home and deported without a hearing.
Among a slew of executive orders, Trump issued one ending birthright citizenship. It is likely the order will face legal scrutiny, as the 14th Amendment of the U.S. Constitution guarantees citizenship to children born in the United States, even if their parents are not citizens.
“It’s unlikely that this executive action will survive litigation, but in the interim, what this will look like is that state and federal agencies will start to deny documents proving citizenship, social security cards, passports, maybe even birth certificates will be denied to these children who are born, and then their parents are going to have to get into a fight over whether they are U.S. citizens or not,” Kate Lincoln-Goldfinch, an immigration lawyer based in Austin, said.
Trump’s order directs federal agencies to stop issuing citizenship documents to children of non-citizens starting next month.
“We’re the only country in the world who does this with birthright,” Trump said. “It’s just absolutely ridiculous. But we think we have very good grounds.”
Goldfinch-Lincoln said it could make it harder for children whose parents are immigrants to get benefits, like federally funded medical care or travel.
“A lot of these babies might be born ill. They might need help. They might need care at the hospital. They might need other types of benefits. They might need childcare. They might need to travel. It might be an emergency,” Lincoln-Goldfinch said. “There are a lot of things that are dependent upon documents proving citizenship early in a person’s life.”
The measure challenges a precedent first cemented by the Supreme Court in 1898. The question has been considered settled law for more than 125 years.
“This is a very firmly entrenched law of this nation and is not something that one man can change by executive order,” Lincoln-Goldfinch said.
The ACLU, along with 22 states, the cities of San Francisco and Washington, D.C., have filed lawsuits challenging the executive order, calling it “flagrantly unlawful.” They accuse the president of trying to eliminate a part of the Constitution.
Trump’s directive ending birthright citizenship will take effect in 30 days. A judge in Seattle will consider a temporary restraining order to block the directive from taking effect while legal challenges play out. It could make its way all the way to the U.S. Supreme Court.
“We will hold him accountable for shredding our Constitution and attempting to take birthright citizenship away from people, including attempting to take birthright citizenship away from immigrant families who are here fully complying with the law,” Democratic U.S. Rep. Greg Casar, whose district includes part of Austin and San Antonio, said at a press conference in Washington on Wednesday.
The order has prompted fear in immigrant communities, as federal authorities push ahead with Trump’s sweeping campaign promise of mass deportations.
At Mano Amiga, immigrant equity director Natalie Avendano said the nonprofit has received an increasing number of calls over the past few days since Trump took office, as community members look for resources to prepare and protect themselves.
“It’s definitely understandable that there’s a lot of fear and concern due to the extremity of the policies that the new administration is trying to implement,” Avendano said.
Several reports, including one in the Wall Street Journal, have pinpointed San Antonio as among the first cities immigration authorities plan to target with raids, along with Los Angeles, Chicago and Denver. The raids will likely target areas where immigrants often are, like worksites and supermarket parking lots.
“We don’t know exactly, you know, what all is going to happen,” Avendano said. “The most important thing is just letting folks remain calm, and we tell them to prepare themselves for the worst possible outcome.”
Some Central Texas immigrant families are worried their communities will be uprooted and separated since there is a mixture of immigration statuses among some families.
“One of the main concerns that we get is, ‘Can you help me figure out a way to ensure that my kids are safe and have somebody to take care of them?'” Avendano said.
Mano Amiga is pushing to inform those who could be impacted by the law of their rights.
“It is very important for them to try to avoid any interactions with law enforcement, so they don’t end up in a situation where they’re detained,” Avendano said.
The Immigrant Legal Resource Center said if a car is pulled over, only the driver is required to show ID. In most situations beyond that, they said the driver has a right to remain silent and doesn’t have to answer questions about their immigration status if they’re asked. No one should ever provide false information.
“Immigrants are protected under the Constitution against search and seizure. They have the right to remain silent in these interactions, not giving information that they don’t have to give, not discussing their immigration status,” Lincoln-Goldfinch said. “These are things that people have to know how to do in a moment that can be very terrifying and overwhelming.”
Mano Amiga said it’s helping the community put together family preparedness packets, with information that includes who has power of attorney and who is allowed to care for children if deportation happens. It said those who feel they could be impacted should contact Mano Amiga for help finding resources.
Lincoln-Goldfinch advised undocumented immigrants to carry evidence with them of all times of their presence in the United States for longer than two years if they have been in the country that long.
“There’s a rule that says anyone who has less than two years is subject to expedited removal or immediate deportation,” Lincoln-Goldfinch said. “If you have over two years in the country and can prove it, you can go before a judge and fight your case. That’s one piece of evidence people must gather and have ready.”
One of Trump’s first actions in office was declaring a national emergency at the southern border, which has allowed the Department of Defense to deploy armed forces to the area and free up resources to build a wall. On Wednesday, U.S. officials said the Pentagon plans to deploy as many as 1,500 active-duty troops to help secure the border in the coming days.
“By calling cartel organizations terrorist organizations, this opens the door for the administration to start coming in and sort of circumventing due process, or traditional structures of checks and balances, where Congress would normally have to weigh in on something,” Lincoln-Goldfinch said. “If we’re at war, the President can act more quickly without congressional approval.”
Trump also ended the use of the border app that allowed asylum-seeking migrants to book appointments.
Under the Trump administration, federal immigration officials will be allowed to target schools and churches while looking for illegal immigrants. Those are considered “sensitive areas” and, since 2011, have been places where ICE and border patrol officers are not allowed to arrest people who are undocumented. Hospitals, funerals, weddings and public demonstrations were also classified as sensitive areas.
In a statement, a spokesperson for the Department of Homeland Security said this change will keep criminals from hiding in American churches and schools to avoid arrest, and will empower Border Patrol and ICE to enforce immigration laws.
“Some people might elect not to send their children to school or not to receive the medical care they need out of fear,” Lincoln-Goldfinch said. “It’s heartbreaking to think about what the impacts of that could be on these families.”