By Caryalyn Jean
President Donald Trump’s executive orders surrounding immigration have sparked fear amongst marginalized groups and controversy amid those who hold America’s policy process dear. On January 20, 2025, Trump signed the Protecting the Meaning and Value of American Citizenship order which proposes the end to birthright citizenship. Although several judges have blocked the order and several other lawsuits have been filed, this specific executive order has caused concerns surrounding the integrity of the Constitution.
One major issue with Trump’s birthright citizenship order is his interpretation of the 14th Amendment. While he recognizes that the 14th amendment was originally intended to extend citizenship to formally enslaved African Americans during Reconstruction, his argument misinterprets the phrase “subject to the jurisdiction of the United States.” In this order, a mother’s and father’s immigration status at the time of birth determines if a federal department or agency can grant or recognized documents recognizing the United States citizenship of their child. However, there is no recent legal precedent supporting the use of a parent’s citizenship status to determine if a person born within the United States is a proper interpretation of the Amendment or any immigration law. Although Trump acknowledges the historical context in which the 14th Amendment was written, his interpretation would not be applicable to historical context Trump is supposedly intending to preserve. Ironically, Trump’s call for a stricter interpretation of the 14th Amendment calls into question how case law has broadened our understanding of how we view citizenship, even for corporations, which the law considers “artificial people” [see Santa Clara Co. v. Southern Pac. Railroad, 188 U.S. 394 (1886); Citizens United v. Federal Election Com’n, 588 U.S. 310 (2010)].
As a result of this Executive Order and many other policies which have led to the recent increase in ICE activity around the nation. President Nayib Bukele of El Salvador proposed a deal with the Trump Administration to allow for the United States to transport both deportees and imprisoned U.S. citizens to El Salvador for a fee. Despite some praise of El Salvador’s President Nayib Bukele’s “tough on crime” approach, this deal raises concerns about the conditions of these prisons. Since 2020, organizations such as Human Rights Watch and Amnesty International have reported on the lack of due process, deaths under custody, and living conditions that are below international standards. Although American immigration law would allow El Salvador to accept deportees in an instance in which a deportee returning to their country of origin is “impracticable, inadvisable, or impossible,” those factors are not the basis of President’s Bukele’s offer. Likewise, the deportation of American citizens in unconstitutional and violates the rights of incarcerated people. Nonetheless, on April 8, 2025, Press Secretary Karoline Leavitt affirmed that President Trump discussed the possibility and legality of deporting American citizens deemed “violent repeat offenders.”
The offer to accept American prisoners further cements the controversial slave status placed upon incarcerated people in the United States and El Salvador. The 13th Amendment abolishes slavery except for punishment for a crime within the United States and territories within its control. This manifests as the use of prison labor in both the public and private sector in exchange for pennies an hour. Similarly, Salvadoran prisoners make use of prison labor through their Cero Ocio program where prisoners were used to renovate schools, hospitals, and police headquarters under the guise of rehabilitation of prisons. Through this deal, El Salvador is on pace to economically benefit from accepting deportees and American prisoners in exchange for a fee as well as potentially increasing their prison labor force in a system reminiscent of slavery.
The relationship between the Trump Administration and El Salvador has already manifested into negative consequences for deportees and documented immigrants. Despite a U.S. District Judge ordering a temporary halt of the deportation of alleged Venezuelan gang members under the Alien Enemies Act, the flight continued anyway. This decision to disregard the order was a move cosigned by President Bukele on his official X account. Furthermore, Kilmar Abrego Garcia, a permanent resident living in Maryland was deported to El Salvador due to an “administrative error” and his return is being delayed due to pending litigation.
Trump’s birthright Executive Order and El Salvador’s proposal should be cause for concern for everyone regardless of immigration or citizenship status. These actions serve as a reminder of the Trump administration’s total disregard for the law and that solidarity is necessary for preserving human rights. Marking undocumented people and incarcerated citizens as undesirable leads us to overlook the harm being done and what is to come if we do not speak out against it.
Caryalyn Jean is a Research Assistant at The Immigration Lab at American University
