The 14th Amendment established birthright citizenship, equal legal protection, and due process for formerly enslaved Africans, who had been deprived of those protections. This topic entered the limelight in recent weeks amid the backdrop of mass deportation orders carried out by Immigration and Customs Enforcement, or ICE, officials. Masked federal agents have mainly targeted Black and Brown immigrant communities, igniting public condemnation from those who see these policies as cruel and arbitrary. This is part of a broader anti-immigration political framework. For example, in January, President Trump signed an executive order limiting birthright citizenship. He claimed children born to mothers without permanent citizenship or legal status are not automatically considered U.S. citizens. However, this assertion contradicts the text of the constitution, which states, "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside."
At least twenty immigrant rights groups have sued the administration over this executive order, arguing that limiting birthright citizenship in this way is unconstitutional. However, the Supreme Court ruled in favor of Trump in a 6–3 decision last week, restricting the ability of lower courts to issue a national injunction that would halt its implementation. How worried should Americans be about this case? In The Nation, author Elie Mystal called the Supreme Court decision a 5-Alarm Catastrophe. He pointed out that in the Trump v. CASA case, justices have "thrown that system into the shredder." According to Mystal, their ruling means "everybody needs to lawyer up." He warned that "some courts, districts, and states will still defend the concept of birthright citizenship, while others will not." This is reminiscent of the chattel slavery era, when some states recognized Black people as citizens, while others treated them as property. More recently, after the fall of Roe v. Wade, many states enacted laws to limit women's reproductive rights, while others upheld them. Their decision represents a deterioration of rights. Journalist Alex Woodward suggested this ruling "opens the door for partial enforcement of Trump's executive order, putting thousands of American-born children at risk of being denied their constitutional rights."
“Allowing the president to unilaterally redefine who gets to be a U.S. citizen in states subject to Trump’s rewriting of the 14th Amendment would create a patchwork system of constitutional rights and citizenship benefits — including voting rights.” — Alex Woodward.
The Trump administration announced they're removing temporary protective status for over 500,000 Haitian immigrants, making it clear that Black and Brown immigrants need solidarity. Some claim the harm inflicted upon immigrants of color is "not our fight," suggesting that Black Americans shouldn't concern themselves with this. Yet, this indifference leaves our community vulnerable to a Trojan horse, lulling some into a state of complacency. Since Trump's executive order acknowledges the 14th Amendment was meant to ensure citizenship for formerly enslaved people, some assume this means their rights are secure. Perhaps in terms of recognizing their citizenship, this is true. But what explicit guarantee has the president given that he supports the constitutionality of the "equal protection clause" of the 14th Amendment? None, and his actions as president don't suggest he believes in racial equality. Racial inequality and racial justice were among the terms federal agencies were instructed to limit or avoid. This certainly doesn't sound like an administration committed to protecting those rights. While the "equal protection clause" is safe today, it could be at risk if Trump signs an executive order restricting its use. And it's that unchecked political power that should concern Americans, regardless of race.
By now, it should come as no surprise that xenophobia has become a political tool within American discourse. We see it in the rhetoric targeting Zohran Mamdani, a Democratic mayoral primary candidate. If he wins in November, he will be the first Muslim and Indian to serve as mayor of New York City. Yet, Representative Ogles, a Republican from Tennessee, has referred to him as "little Muhammad." President Donald Trump has even threatened to arrest and deport Mamdani if he's elected and refuses to comply with Immigration and Customs Enforcement agents. Beyond the political right, some centrist Democrats have also framed him as a threat. When asked about his political ideology, he quoted Dr. Martin Luther King Jr., who said, "call it democracy, or call it democratic socialism, but there must be a better distribution of wealth within this country for all God's children." Still, some refuse to acknowledge the legitimacy of progressive ideals in this country, especially when they are shared by Black people and people of color. Ultimately, xenophobia is just as harmful as any other form of bigotry because it dehumanizes a group of people and diminishes their value in the public eye. That's why we must speak out against it, regardless of race or even political affiliation.
There's a concerted effort to convince citizens that what happens to people of color shouldn't matter to anyone outside those groups. But, as Fred Hampton, the chairman of the Illinois chapter of the Black Panther Party for Self Defense, argued, "you don't fight racism with racism. You fight racism with solidarity." That requires acknowledging the shared interests of those who are marginalized, regardless of their race. He promoted a form of class solidarity with disadvantaged workers that is still relevant today. Beyond the need to extend empathy to other groups, it's unwise to blindly trust that the administration will protect the rights granted to Black Americans. Between January and May of this year, Trump cut 70% of the lawyers on staff at the Justice Department's Civil Rights Division. These budget cuts present additional challenges for the department to take on new cases and process those it already has. As a result, this policy has left Black Americans and others more vulnerable. Also, Trump signed an anti-DEI executive order, railing against policies that promote diversity, equity, and inclusion. These measures do not reflect someone who truly wants to protect the civil rights of Black Americans.
Abraham Paulos, the director of policy and communications for the Black Alliance for Just Immigration (BAJI), noted that some white immigrants, such as the Irish, white-passing Latinos, and Italians, have been able to assimilate. But he emphasized, "Black immigrants don't have an option. We're integrated into Black America along with all the systems of oppression and discrimination." Striving for solidarity, Paulos observed, "what the Floyd uprising did for the Black immigrant communities that might have been isolated or segregated from Black American communities was that we all are starting to see that we're getting arrested together and locked up together, and it's high time we started fighting together." Unfortunately, many are failing to hear this message. There are numerous stories highlighting racism within some immigrant groups, often used to create divisions, but very few efforts are made to foster solidarity, to engage with those who respect and care about the Black community. Perhaps that's what's needed today to counter divisions.
In 1883, Fredrick Douglass said, "Though the colored man is no longer subject to be bought and sold, he is still surrounded by an adverse sentiment which fetters all his movements." Racism may not always take an explicit form. Yet, we are impacted by it all the same. "Our wrongs," he noted of the nation, "are not so much now in written laws which all may see- but the hidden practices of a people who have not yet abandoned the idea of Mastery and dominion over their fellow man." In the post-civil rights era, explicit racism is prohibited by law. And yet, Black people continue to endure hardships and face discrimination. "The persistence of racial disparities in education, health, wealth, poverty, and incarceration supports the notion that we live in a racially hierarchical society, which affords unearned benefits to white Americans and unfairly burdens people of color (Neville et al., 2016)." This suggests we have much further to go as a nation. We must address systemic racism and the lasting harm it has and continues to cause. Many in the black community want the nation to live up to its promises—to ensure citizens are treated equally. Yet, it remains a national ambition rather than an achievement.
As Americans, we should consider the big picture, not just the policies that directly affect us at any given moment. Look not only at the trees but also at the forest they come from. If a policy infringes on the rights of others, it's worth speaking out. It can weaken the legal and social protections in the country and affect a broad range of citizens if we don’t. Journalist Ida B. Wells once said, "eternal vigilance is the price of liberty." This didn't mean Black people could never rest, but rather that they should be wary of efforts to infringe upon their rights—that they should "stay woke," or remain aware. It seems that those turning a blind eye to attacks on the 14th Amendment are failing to heed that guidance. Any attack on civil rights may ultimately harm Black people, whether they are immigrants or citizens. That is why it's our duty to stay diligent, discuss these issues, and organize in solidarity with other groups.
This post originally appeared on Medium and is edited and republished with author's permission. Read more of Allison Gaines' work on Medium.