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Contributor: Ending birthright citizenship will mostly affect U.S. citizens

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Contributor: Ending birthright citizenship will mostly affect U.S. citizens

The Trump administration’s executive order to limit birthright citizenship is a serious challenge to the 14th Amendment, which enshrined a radical principle of our democratic experiment: that anyone born here is an American. But the order will most affect average Americans — whose own citizenship, until this point, has been presumed and assured — rather than the intended target, illegal immigrants. The irony is hiding in plain sight.

Contrary to conventional wisdom, birthright citizenship is not entirely settled U.S. law. The executive order states, “the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States” and it is very narrowly drafted to exploit this uncertainty by rejecting citizenship to children born in the United States to parents who are not citizens or legal permanent residents. Federal law and practice has recognized American citizenship to anyone born here since the Supreme Court’s landmark 1898 decision in U.S. vs. Wong Kim Ark. But that case did not specifically protect the birthright of children born in the United States to noncitizen, nonresident aliens.

This is a massive blind spot that states are sleep-walking into. They are depending on weak legal precedent, federal code, policy and hair-splitting over the meaning of “subject of the jurisdiction thereto.” In a brief, the states argue that the “understanding of birthright citizenship has permeated executive agency guidance for decades — and no prior administration has deviated from it.” But that won’t matter to this Supreme Court, which has demonstrated a certain glee in dismantling precedent. There is a clear risk that the justices could fundamentally restrict the definition of birthright citizenship and overturn the 1898 ruling.

The executive order directs the federal government not to issue or accept documents recognizing U.S. citizenship for children born to parents unlawfully present here — but also to parents who are here legally but temporarily. This second group is a potentially vast population (the State Department issued 14.2 million nonimmigrant visas in fiscal year 2024) that includes students, artists, models, executives, investors, laborers, engineers, academics, tourists, temporary protected status groups, ship and plane crews, engineers, asylees, refugees and humanitarian parolees.

A limited change targeting a specific population — nonresident aliens — will have huge effects on those who will least expect it: American citizen parents giving birth to children in the United States. Until this point, a valid, state-issued birth certificate established prima facie evidence of U.S. citizenship to every child born in the country. That would no longer be the case if citizenship depended on verifying certain facts about every U.S.-born child’s parents. With that presumption removed by executive order, citizenship must be adjudicated by a federal official.

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I know what that adjudication involves. I was a U.S. consular officer in Latin America, and both of my children were born overseas to married U.S. citizen parents carrying diplomatic passports. But because they did not have the presumption of citizenship conferred by an American birth certificate, we had to go to the U.S. Consulate for adjudication of transmission to demonstrate to the U.S. government that our children were American citizens.

This was document-intensive and time-consuming. Each time, we filled out forms. We photographed the baby in triplicate. We swore an oath before the consular officer. We brandished our passports. We presented the baby to the consular officer. We surrendered the local birth certificate. We demonstrated our hospital stay. Only then did we receive a Consular Report of Birth Abroad and only with that report could we apply for U.S. passports for our children. Without the report or a passport, our children could neither leave the country of their birth nor enter the United States.

That is an evidentiary and bureaucratic burden that all natural-born American citizens have until now not had to bear. The Trump administration’s change, if allowed by courts, will require those same parents to prove their own citizenship to the federal government. Good luck, because showing your birth certificate wouldn’t be sufficient in the new regime: The government would require proof not only that you were born in the U.S., but also that at least one of your parents was a U.S. citizen at the time. (Supreme Court Justice Brett Kavanaugh expressed skepticism over this “practical question” during oral arguments last week.)

Americans several generations removed from their immigrant forebears — even those whose ancestors came to North America 10,000 years ago — will suddenly be treated like the unlawfully present parents they thought this rule was designed to exclude.

This rule will lead to chaos, even danger. The federal bureaucracy will have to expand drastically to adjudicate the 3.5 million children born here every year. (For comparison, 1 million people are issued permanent residency status each year and 800,000 become naturalized citizens. This population is typically much better documented than a newborn.) Fearing immigration enforcement, undocumented parents will avoid hospitals for childbirth, dramatically escalating medical risk for mother and baby. Because hospitals also generate birth certificates — as Justice Sonia Sotomayor also noted last week — those babies will form a large, new and entirely avoidable population of stateless children.

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It is a truism in some communities that ancestors and family members came to this country legally. But the administration is prepared to dismantle the presumption of citizenship that has been a literal birthright for 125 years. U.S. citizenship is on the brink of becoming a privilege rather than a right, bestowed on those who can afford protracted bureaucratic struggles. Most of the burden will fall on those who least expected it: American parents themselves.

James Thomas Snyder is a former U.S. consular officer and NATO International Staff member.

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Ideas expressed in the piece

  • The executive order targeting birthright citizenship undermines the 14th Amendment’s guarantee that anyone born in the U.S. is a citizen, potentially overturning 125 years of legal precedent established by U.S. v. Wong Kim Ark (1898). This creates uncertainty for children born to noncitizen parents, including those lawfully present on temporary visas[3][4].
  • Removing the presumption of citizenship for U.S.-born children forces American parents to undergo burdensome bureaucratic processes to prove their own citizenship status, a requirement previously avoided due to automatic birthright recognition. This disproportionately impacts multi-generational citizens who may lack documentation proving their parents’ status[3][5].
  • The policy risks creating stateless children, as undocumented parents might avoid hospitals to evade scrutiny, leading to unregistered births and heightened medical dangers. Hospitals, which issue birth certificates, could see reduced attendance, exacerbating public health risks[4][5].
  • Federal agencies would face chaos adjudicating citizenship for 3.5 million annual births, a logistical challenge far exceeding current capacities for naturalization or permanent residency processes. This could delay critical documents like passports and Social Security cards[4][5].

Different views on the topic

  • The Trump administration argues the 14th Amendment’s phrase “subject to the jurisdiction thereof” excludes children of noncitizens, particularly those unlawfully present or on temporary visas, claiming this narrow interpretation aligns with constitutional intent[1][2].
  • Supporters contend the order preserves citizenship’s value by closing perceived loopholes, ensuring it is reserved for those with permanent ties to the U.S. rather than temporary visitors or undocumented individuals[1][2].
  • Legal briefs from the administration emphasize that prior agencies’ broad interpretations of birthright citizenship lack explicit constitutional or judicial endorsement, framing the order as correcting longstanding executive overreach[3][5].
  • Proponents dismiss concerns about statelessness, asserting that children born to temporary visitors would inherit their parents’ nationality, though this fails to address cases where foreign nations restrict citizenship by descent[2][5].

Politics

Who’s running the LAPD? Chief’s style draws mixed reviews in first year

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Who’s running the LAPD? Chief’s style draws mixed reviews in first year

When an LAPD captain stood up during a meeting this fall and asked Chief Jim McDonnell to explain the role of his most trusted deputy, Dominic Choi, other top brass in attendance waited with anticipation for the reply.

Multiple department sources, who requested anonymity to discuss the private meeting and speak candidly about their boss, said McDonnell’s answer drew confused looks.

Some officials had began to wonder how closely the 66-year-old McDonnell, who stepped into the job in November 2024 after recent work in consulting and academia, was involved in day-to-day operations. Choi is often attached to his hip, and McDonnell has privately advised other senior staff to go through the assistant chief for key matters, leaving some uncertainty about how shots are called, the sources said.

At the senior staff meeting, McDonnell joked about not wanting to talk about Choi — who was not present in the room — behind his back, and told the captain that Choi was simply his “eyes and ears,” without offering more clarity, according to the sources.

The awkward exchange reflected the uncertainty that some LAPD officials feel about McDonnell’s leadership style.

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Over the last year, The Times spoke with numerous sources, from high-ranking commanders to beat cops on the street, along with recently retired LAPD officials and longtime department observers, to gather insights on McDonnell’s first 12 months as the city’s top cop.

By some measures, McDonnell has been a success. Violent crime citywide has continued to decline. Despite the LAPD’s hiring struggles, officials say that applications by new recruits have been increasing. And support for the chief remains strong in some political circles, where backers lauded his ability to navigate so many challenges, most not of his own making — from the city’s financial crisis and civil unrest to the devastating wildfires that hit just two months after he was sworn in.

At the same time, shootings by police officers have increased to their highest levels in nearly a decade and the LAPD’s tactics at protests this summer drew both public outrage and lawsuits. Some longtime observers worry the department is sliding back into a defiant culture of past eras.

“You’ve got a department that’s going to bankrupt the city but doesn’t want to answer for what it is going to be doing,” said Connie Rice, a civil rights attorney.

In an interview with The Times, McDonnell said he is proud of how his department has performed. He said his bigger plans for the LAPD are slowly coming together.

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McDonnell rose through the LAPD’s ranks early in his career, and acknowledged much has changed in the 14 years that he was away from the department. That’s why he has leaned “heavily” on the expertise of Choi, who served as interim chief before he took over, he said.

“He’s been a tremendous partner for me coming back,” McDonnell said.

Dominic Choi, who served as interim LAPD chief before Jim McDonnell was hired, speaks at a 2024 news conference with federal law enforcement officials.

(Al Seib / For The Times)

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McDonnell added that he has relied just as much on his other command staff, encouraging them to think and act for themselves “to get the job done.”

Retired LAPD commander Lillian Carranza is among those saying the new chief has failed to shake things up after Michel Moore stepped down abruptly in January 2024.

Instead, she said, McDonnell has lacked the decisiveness required to make real changes in the face of resistance from the police union and others.

“It appears that the chief thought he was coming back to the LAPD from 15 years ago,” she said of McDonnell. “It’s been a disappointment because of the individuals that he’s promoted — it just seems like Michel Moore 2.0 again.”

There are notable contrasts in style and strategy between McDonnell and his predecessor.

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Moore, who did not respond to a call seeking comment, often used his pulpit to try to get out ahead of potential crises. McDonnell has kept a lower profile. He has largely halted the regular press briefings that Moore once used to answer questions about critical incidents and occasionally opine on national issues.

Unlike Moore, who developed a reputation as a demanding manager who insisted on approving even minor decisions, McDonnell has seemingly embraced delegation. Still, his perceived deference to Choi, who also served as a top advisor to Moore, has led to questions about just how much has really changed. Choi has represented the department at nearly a fourth of all Police Commission meetings this year, a task usually performed by the chief.

Former LAPD Chief Michel Moore

Former LAPD Chief Michel Moore attends an event at the Police Academy on Dec. 7, 2023.

(Irfan Khan / Los Angeles Times)

It’s telling of their closeness, LAPD insiders said, that Choi occupies the only other suite on the 10th floor of LAPD headquarters with direct access, via a balcony, to McDonnell’s own office.

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Choi did not respond to a request for comment.

Mayor Karen Bass chose McDonnell as chief after a lengthy nationwide search, picking him over candidates who would have been the first Black woman or first Latino to lead the department. He offered experience, having also served as police chief in Long Beach and as L.A. County sheriff.

McDonnell has mostly avoided the type of headline-grabbing scandals that plagued the department under Moore. Meanwhile, homicides citywide were on pace to reach a 60-year low — a fact that the mayor has repeatedly touted as her reelection campaign kicks into gear.

In a brief statement, the mayor commended McDonnell and said she looked forward to working with him to make the city safer “while addressing concerns about police interaction with the public and press.”

Jim McDonnell and Karen Bass shake hands

Jim McDonnell shakes hands with Mayor Karen Bass after being introduced as LAPD chief during a news conference at City Hall on Oct. 4, 2024.

(Ringo Chiu / For The Times)

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McDonnell has taken steps to streamline the LAPD’s operations, including folding the department’s four homicide bureaus into the Robbery-Homicide Division and updating the department’s patrol plan to account for the department being down fewer officers.

John Lee, who chairs the City Council’s public safety committee, said the chief is the kind of experienced and steady leader the city needs as it gets ready to host the World Cup and Olympics. McDonnell, he said, deserves credit for guiding the LAPD through “unprecedented situations,” while largely delivering on promises to reduce crime and lift officer morale.

But among the rank and file, there is continued frustration with the department’s disciplinary system. The process, which critics outside the LAPD say rarely holds officers accountable, is seen internally as having a double standard that leads to harsh punishments for regular cops and slaps on the wrist for higher-ranking officials. Efforts at reform have repeatedly stalled in recent years.

McDonnell told The Times that officers have for years felt that the system was stacked against them. One of his priorities is “making the disciplinary system more fair in the eyes of those involved in it,” he said, and speeding up internal affairs investigations that can drag on for a year or more without “jeopardizing accountability or transparency.”

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He said he’d like to give supervisors greater authority to quickly weed out complaints that “are demonstrably false on their face” based on body camera footage and other evidence.”

But the lack of progress on the issue has started to rankle the Los Angeles Police Protective League, the union for officers below the rank of lieutenant. The League urged McDonnell to take action in a statement to The Times.

“The way we see it, the Chief is either going to leverage his mandate and implement change, much to the chagrin of some in his command staff that staunchly support the status quo, or he will circle the wagons around the current system and continue to run out the clock,” the statement read. ”There’s no need to keep booking conference rooms to meet and talk about ‘fixing discipline,’ it’s time to fish or cut bait.”

Perhaps more than anything, the ongoing federal immigration crackdown has shaped McDonnell’s first year as chief.

Although McDonnell is limited in what he can do in the face of raids by Immigration and Customs Enforcement and other federal agencies, some of the chief’s detractors say he is missing a moment to improve relations between police and citizens of a majority-Latino city.

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The son of Irish immigrants from Boston, McDonnell drew criticism during President Trump’s first term when, as L.A. County sheriff, he allowed ICE agents access to the nation’s largest jail. As LAPD chief, McDonnell has often voiced his support for long-standing policies that restrict cooperation on civil immigration enforcement and limit what officers can ask members of the public about their status in the country.

“I get hate mail from two extremes: those that are saying we’re not doing enough to work with ICE and those that are saying we’re working with ICE too much,” McDonnell said.

Gregory Bovino surrounded by agents

U.S. Border Patrol Cmdr. Gregory Bovino marches with federal agents to the Edward R. Roybal Federal Building on Aug. 14.

(Carlin Stiehl / Los Angeles Times)

Deputy Chief Alan Hamilton, who runs the department’s detective bureau, said McDonnell has to tread lightly politically and can’t follow the suggestion of some people that “we should use our law enforcement agencies to fight back against the feds.”

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“He can’t come out and say, ‘We oppose ICE, get out of our city,’ like some of these other clowns are doing,” Hamilton said. “I mean, what, are you just trying to bring the wrath?”

But the LAPD’s response to the protests against Trump’s agenda has repeatedly led to bad optics. Officers have stepped in to keep the peace when angry crowds form at the scene of ICE arrests, which some said created the appearance of defending the federal actions.

During large demonstrations — which have occasionally turned unruly, with bricks and Molotov cocktails hurled by some in the crowds — LAPD officers on foot or horseback have not held back in swinging batons, firing less-lethal munitions and even launching tear gas, a measure that hadn’t been deployed on the streets of L.A. in decades.

Press rights organizations and a growing list of people who say they were injured by police have filed lawsuits, potentially adding to the tens of millions in the legal bills the department already faces for protest-related litigation from years that predated McDonnell.

Attorney Susan Seager, who is suing the department over its recent protest tactics, said that McDonnell has seemed unwilling to second-guess officers, even when confronted with clear video evidence of them violating court-imposed restrictions.

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“I’ve never seen LAPD so unhinged at a protest shooting people,” she said.

LAPD officer pushes back an anti-ICE protester

An LAPD officer pushes back an anti-ICE protester during a rally on “No Kings Day” in downtown Los Angeles on June 14.

(Carlin Stiehl / Los Angeles Times)

McDonnell said that each use of force would be investigated thoroughly, and if necessary discipline would be imposed, but denied that his department’s response had been excessive.

What goes unmentioned by the LAPD’s detractors, he said, is how volatile and “kinetic,” protests have been, requiring officers to use all means available to them to avoid being overwhelmed by hostile crowds.

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Reporters and others on the front lines should know the risks of being there, he said.

“If the journalists are in that environment, they sometimes get hit with less-lethal projectiles — as do our police officers who are in that same environment,” he said.

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Video: Fani Willis Defends Failed Election Interference Case in Heated Hearing

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Video: Fani Willis Defends Failed Election Interference Case in Heated Hearing

new video loaded: Fani Willis Defends Failed Election Interference Case in Heated Hearing

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Fani Willis Defends Failed Election Interference Case in Heated Hearing

The Atlanta-area district attorney called President Trump and his allies “criminals” while being questioned by a Georgia Senate committee on Wednesday.

“Are you ready to tell them what they want to hear?” “Is it true that part of your transition team was involved in the pr ocess of interviewing people before you entered office to lead the investigation into the 2020 presidential election?” “If you recall the facts, I was already district attorney when this all came to light. I interviewed everybody at the D.A.’s office. And I interviewed other people to come and work at the district attorney’s office. And as I told you, I did that on my free time before I became D.A., but I had no way of knowing that these criminals were going to commit a crime. You all want to intimidate people from doing the right thing, and you think that you’re going to intimidate me. But you see, I’m not Marjorie Taylor Greene. I ain’t going to quit in a month because somebody threatens me.” “Mr. Peter Skandalakis, as head of PAC, continued the investigation after you were disqualified. He concluded the investigation did not further warrant further action.” “Mr. Skandalakis has never read our entire file when he just dismissed this case. There is no way that he read the entire file. You want something to investigate as a legislature? Investigate how many times they’ve called me the N-word. Why don’t you investigate that? Why don’t you investigate them writing on my house? Why don’t you investigate the fact that my house has been SWATted? If you want something to do with your time that makes sense. And you can use all this in your campaign ad — you attacked Fani Willis. What have you done, sir? Nothing.” “Based on the indictment, that the goal was — the ultimate goal was to overthrow the 2020 election.” “That was the ultimate goal. And we’ve had people that are supposed to be leaders that instead of being leaders, are just cowering down. This country needs leaders, not cowards.”

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The Atlanta-area district attorney called President Trump and his allies “criminals” while being questioned by a Georgia Senate committee on Wednesday.

By Meg Felling

December 17, 2025

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Border Patrol chief, progressive mayor caught on camera in tense street showdown: ‘Excellent day in Evanston’

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Border Patrol chief, progressive mayor caught on camera in tense street showdown: ‘Excellent day in Evanston’

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A heated confrontation unfolded Wednesday in Evanston, Illinois, where city Mayor Daniel Biss — a progressive Democrat and congressional candidate — confronted Border Patrol Cmdr. Gregory Bovino during a street-level Title 8 immigration enforcement operation that drew “a couple dozen” protesters and quickly turned chaotic, according to video and accounts posted on X.

The standoff occurred around 11:30 a.m. near Green Bay Road and Dodge Avenue in the city outside Chicago, where an 11-vehicle Border Patrol convoy had arrived to detain multiple individuals. Eyewitness Mark Weyermuller wrote that agents “appeared to detain at least two” people as the crowd formed.

Video shared by FOX 32 Chicago reporter Paris Schutz shows Biss, dressed in a dark tailored coat and dress shoes, visibly standing out from the bundled-up crowd, stepping directly toward Bovino as protesters yell and blow whistles around them.

Biss confronts him immediately, declaring: “The abuse has not been acceptable, the racism has not been acceptable, the violence has not been acceptable.”

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DHS: CHICAGO CRIME DROPS SHARPLY AFTER FEDERAL OPERATION TARGETING CRIMINAL ILLEGAL IMMIGRANTS

Border Patrol Cmdr. Gregory Bovino, left, is confronted by Evanston, Ill., Mayor Daniel Biss, as immigration agents stop at a gas station while on patrol, Wednesday, in the city. (Scott Olson/Getty Images)

Bovino, surrounded by agents wearing protective masks and tactical gear, fires back: “Yeah, that’s why we’re here in your community.”

A nearby protester then shouts repeatedly at the commander: “Hey, Bovino! We don’t want you here, bro! We don’t want you!”

As the shouting intensified, multiple protesters tried to block the roadway while police from Evanston and Chicago worked to keep a corridor open for the vehicles to leave the area.

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DHS TORCHES ‘BAMBOOZLED’ DEMS FOR CALLING ICE CRACKDOWN ‘VICIOUS LIES’

Border Patrol Cmdr. Gregory Bovino, left, speaks with Evanston Mayor Daniel Biss, Wednesday, during an immigration operation in Evanston, Ill. (Scott Olson/Getty Images)

Biss, who is running for Congress as a “pragmatic progressive,” later amplified his criticism in a post on X, writing: “The only ‘violent mob’ in Evanston today was Greg Bovino and his masked thugs, terrorizing innocent people and then lying about our city to try and sow chaos.”

He added that Evanston is “safe in spite of ICE/CBP, not because of it,” praised residents who “chased you out of town,” and concluded with: “Don’t come back.”

Bovino disputed Biss’s claims and described the encounter as productive.

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ICE ACCUSES DEM LAWMAKER OF JOINING ‘RIOTING CROWD’ IN ARIZONA, INTERFERING IN MASS ARREST

Evanston Mayor Daniel Biss, right, confronts Border Patrol Cmdr. Gregory Bovino. (WFLD)

He wrote that agents were in Evanston “to make his city a safer place through Title 8 immigration enforcement” and said the mayor “fell back into the divisive talking points that we’ve heard ad nauseam.” Bovino called it an “excellent day in Evanston.”

Evanston Police Department and Chicago Police Department assisted with crowd control and ensuring federal vehicles could exit safely, according to Bovino’s account. In the video, officers can be seen directing traffic and creating space as protesters attempt to approach the convoy.

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Title 8 is the federal legal framework for immigration enforcement and can involve operations far from the border when agents are conducting investigations or targeting specific individuals.

Wednesday’s confrontation reflects growing tensions between federal immigration enforcement and leadership in Democrat-run communities.

Fox News Digital reached out to Biss’s office and U.S. Customs and Border Protection for comment.

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