Trump’s Executive Orders on Immigration & DEI: A Historical Perspective.

On January 20th, 2025, Trump signed off on a series of executive orders, rewriting legal precedents that have lasted many decades. Executive Order (EO) 14156 states that children cannot be eligible for birthright citizenship if born of either A. a mother “unlawfully” or temporarily present in the U.S., or B. a father who is not a citizen and does not hold a green card. This seeks to bring a unilateral end to unrestricted birthright citizenship – a precedent set over a century ago.

Beginning in 1857, this year saw the case of Dred Scott v. Sandford, a Supreme Court case which barred black Americans from receiving American citizenship, on the basis that, as a black man, Scott was considered “property,” and could not receive the privileges of citizenship. However, in 1868, this decision was repealed under the 14th Amendment, declaring that all those born in the U.S. were U.S. citizens, establishing birthright precedent. Furthermore, in 1898, under United States v. Wong Kim Ark, the SCOTUS furthered unconditional birthright citizenship for children born in the United States regardless of parent’s national status, thereby extending birthright to children of immigrants/non-citizens. 157 years, erased, if this order is set in motion. However, many injunctions have already been filed, arguing the order to be unconstitutional, which may cease its implementation. Therefore, the future of birthright citizenship is still unclear, but chaos and anxieties have already begun ensuing around fears of losing access to basic rights and liberties in the only country many birthright citizens have ever known. 

This country has had a long history of barring individuals of non-white heritage in accessing equal citizenship rights and privileges, such as the Chinese Exclusion Act of 1882, Immigration Act of 1924, and the Jim Crow Laws just to name a few. Considering this, EO 14156 speaks to a wider issue of willful ignorance and the perpetuation of systemic racism and inequality against minority and marginalized groups.

Alongside birthright citizenship, DEI & DEAI were targeted during Trump’s Day One policies under EO 14173, on the basis of “illegal discrimination.” Erasing these programs is not as simple as “reinstating merit-based opportunity.” Rather, many DEAI initiatives have been set in place in order to combat historic biases and allow for marginalized and underrepresented populations more equitable access to various, previously restricted, opportunities. In 1964, following the Civil Rights Movements of the mid-century period, came the enactment of the Civil Rights Act under Johnson, which sought to protect characteristics such as race, gender/gender identity, sexuality, amongst other marginalized identities. Trump’s order directly rescinds Johnson’s EO 11246, or Equal Employment Opportunity, meaning employment discrimination is no longer protected at the federal level. 

In just a few weeks, decades of progress have been wholly rewritten by the new president, which have begun to stir confusion and concern across the country. Positions have already begun to be stripped, funding for programs cut, and families broken apart. However, it's times like these that remind us of the value of community. Stay educated, speak up, take care of those around you, and continue the fight for our basic human rights and freedoms.