Trump’s Immigration “Law”with “Kamala Clause” Ends American Citizenship as We Know It

Share this article to spread information about Donald Trump’s new immigration executive order that looks to end birthright citizenship in America. I have a pretty internationally diverse audience on this site, and Donald Trump’s birthright citizenship order harms everyone in America and some abroad.

On top of freeing and pardoning over 1,500 criminals who tried to overthrow the American government in his name on January 6th, 2021, Donald Trump signed a birthright citizenship executive order. This order intends to end the right to citizenship for some children born in the United States under at least two circumstances. Before this executive order, any child born on American soil was an American, regardless of their parents’ immigration status.

What Happened

On Monday, January 20, 2025, on Dr. Martin Luther King Jr. Day, Donald Trump signed an executive order that “tries to make it so that children born in the US, but without at least one parent who is a lawful permanent resident or US citizen, are no longer automatically extended US citizenship.” Children born in this country being given automatic citizenship is a cornerstone of citizenship in America. Taking that away ruins the idea of what America supposedly stands for in part: Acceptance. The potential effects of this order are catastrophic at best.

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What Trump’s Executive Order Means for Children Born to Undocumented Citizens

The legal status of children born in America after this executive looks to compromised and complicated. Although Trump’s White House is being sued by every organization from the ACLU to at least 22 separate states, it could be months or years before the courts make a decision. With the current makeup of the Supreme Court, if this does make it before those justices, there’s no reason to believe the mostly-conservative court will not side with Trump’s administration to end birthright citizenship by misinterpreting the 14th Amendment of the U.S. Constitution.

For over a decade, conservatives have been lamenting what they call “anchor babies”…

Because of how long it could take before Trump’s executive order is stopped by a federal court, many children during that time could be subject to deportation, denial of legal documents such as birth certificates or social security cards and more. This could prevent a child from being able to register for school in some municipalities or receive the benefits other American children do like healthcare.

For over a decade, conservatives have been lamenting what they call “anchor babies,” or children having been born in this country to undocumented citizens who intend to use the birth as a tactic to give their child American citizenship. Conservatives also argue these undocumented citizens have children here to gain whatever protections may be offered to non-U.S. citizens who are parents of children born in America. This argument has always been weak, since undocumented citizens who give birth to children here were regularly separated from their children and deported during Trump’s first term as president. Under Biden, this cooled. Trump has found a way to rekindle the fire and apply pressure to people who are critical to the success of the American economy.

The Kamala Clause

Trump’s executive order has what some call a “Kamala Clause” which strips citizenship of children born to parents with temporary status. Harris was born to a Jamaican father and Indiana mother, who were on student visas being productive citizens. Kamala Harris was born to them during this time in California.

The “Kamala clause” seems to be directed at Harris or at least people in similar circumstances.

In 2020, Donald Trump began questioning the validity of Harris’s citizenship and ability to be vice president of the United States. Any person born on America soil is an American, and children born to parents with temporary status are American citizens subject to the jurisdiction of the United States.

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Trump’s executive looks to end birthright citizenship and citizenship of those born to parents on temporary visas. The “Kamala clause” seems to be directed at Harris or at least people in similar circumstances. This executive order, however, is not retroactive.

What Law and History Say

The U.S. Constitution’s 14th Amendment states, “All persons, born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States, and of the state, where they reside.” This means any person born on American soil is an American citizen. It’s ominous that on Dr. Martin Luther King Jr. Day — a day in remembrance of a man who fought for equality and civil and human rights — that Trump decided to strip future Americans of their very basic right to even be recognized as a citizen. Trump’s executive order is illegal for that reason.

An executive order is not an amendment and does not supersede the Constitution.

Trump’s birthright citizenship executive order directly contradicts the 14th Amendment and Constitution as a whole. According to NCSL.org, “Amendments proposed by Congress or convention become valid only when ratified by the legislatures of, or conventions in, three-fourths of the states (i.e., 38 of 50 states).” An executive order is not an amendment and does not supersede the Constitution. Trump’s order directly conflicts with the Constitution is invalid and illegal on its face. Still, until it is sorted out in court or a temporary injunction is entered, Congress has to follow Trump’s illegal order.

The Takeaway

Donald Trump signed an executive order to end birthright citizenship for those born on American soil to non-U.S. citizens and to stop automatic citizenship for those born to parents in America on temporary status. This order looks to disrupt the lives of future American children and otherize immigrants. It is dangerous and illegal. Trump has already been sued by several human rights organizations as of Tuesday, January 21, 2025. Hopefully, the courts enter an injunction until this is sorted out permanently in favor of the U.S. Constitution. If not, the next four years and beyond may be disastrous for many Americans, specifically children born after this order and their parents.

This article was written by Jermaine Reed, MFA, the Editor-in-Chief of The Reeders Block, who also works an Adjunct College Professor. Join the email list to get notifications on new articles and books. This article is 100% human-written. And remember, if you see an error, that’s what makes us human. Subscribe and share.