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By: citybiz
July 24, 2025

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A Right Worth Defending: What Enshrining Citizenship in Maryland Could Mean

Citizenship is under attack. And in today’s climate, it’s not just about documentation — it’s about dignity, belonging, and protection. But on January 20, 2025, that promise was placed squarely in the crosshairs. President Trump signed an executive order seeking to eliminate birthright citizenship, packaged as an attempt to “protect the meaning and value” of American citizenship. The intent was clear: narrow the definition of who gets to belong.

Just five months later, the U.S. Supreme Court handed down a ruling in Trump v. CASA that further raised the stakes. The Court stripped lower courts of their ability to issue universal injunctions—orders that previously blocked unconstitutional federal policies from taking effect nationwide. It was a legal safeguard often used to halt overreach during Trump’s first term. That backstop is now gone. Today, harmful federal policies can take hold immediately, even as they make their way through the courts. And that gives those who favor removing birthright citizenship a dangerous advantage.

The 14th Amendment — once bedrock constitutional protection — is no longer secure. While the Court didn’t strike it down, it handed enforcement to the states. For millions of immigrant families, that’s not legal theory. It’s a real, imminent threat.

And in this divided landscape, Maryland is on the frontlines. Immigrants make up 17% of Maryland’s population and 21.7% of its labor force. Roughly 140,000 undocumented residents — 85.7% of them working age — contribute $1.4 billion in taxes annually and generate nearly $40 billion in spending power. They support essential sectors like healthcare, education, and construction.

But now, those contributions offer no shield. One federal policy — no matter how flawed — can put their futures at risk. Legal challenges can take years. For thousands of families across Maryland, that delay could be the difference between safety and separation.

A Maryland Model for Protection

As federal agencies roll back protections for immigrants and the Supreme Court threatens access to birthright citizenship, Maryland lawmakers face growing pressure to assert the state’s commitment to inclusion. One proposed response is a constitutional provision that would affirm that all persons born in Maryland are Marylanders, entitled to full protection under state law.

This measure could have real implications. In the case of Kilmar Abrego Garcia, a Maryland resident who was wrongfully deported to El Salvador, such a provision might have offered an additional layer of protection. In 2024, more unaccompanied migrant children arrived in Maryland than in any other state. As federal rollbacks continue, the stakes are high. Roughly 7,000 DACA recipients and 31,000 who hold Temporary Protected Status (TPS) have become targets for deportation.

Enshrining birthright protections would send a clear message to over a million immigrant residents: Maryland stands with you. At a time when federal policy is uncertain, states can choose to lead — not with fear, but with values.

This isn’t theoretical. The attack on birthright citizenship is real. And Maryland has a chance to push back — not just to protect its own, but to set a national precedent.

As Justice Ketanji Brown Jackson warned in her dissent in Trump v. CASA, the Court’s decision opened a “zone of lawlessness” that will “disproportionately impact the poor, the uneducated, and the unpopular.” It’s a crack in the foundation of equal protection — and a reminder of what’s at stake.

What the Amendment Would Do

This amendment wouldn’t change federal citizenship law. But it would have serious symbolic and practical impact. It would declare that anyone born in Maryland is a Marylander and entitled to state protections, regardless of immigration status. It would prohibit discrimination by state or local governments based on citizenship.

That matters. It could reshape how services are delivered, whether schools can turn away undocumented students, how police cooperate with ICE, and who qualifies for local benefits. State constitutions are where these protections start.

Maryland as a Civil Rights Leader: A Track Record of Proactive State Action

This wouldn’t be the first time Maryland led the way. In 2012, Maryland became the first state in the country to legalize same-sex marriage by popular vote — not through the courts, and not just through the legislature. It was a declaration that love and dignity are nonpartisan values.

Then in 2022, well before the U.S. Supreme Court overturned Roe v. Wade, Maryland voters once again stepped up. By passing a constitutional amendment to safeguard reproductive freedom, the state drew a line in the sand: No matter what chaos came from Washington, Maryland would protect the fundamental right to bodily autonomy.

These weren’t empty gestures. They were bold acts of moral leadership. While other states waited, Maryland acted. Now, it can do so again.

A Tradition Worth Continuing

This proposed amendment — to enshrine equal protection and birthright recognition in Maryland’s constitution — follows that same tradition. It’s not reactionary; it’s precautionary. It’s not about partisan politics; it’s about human dignity.

When federal protections vanish, Maryland has shown time and again it doesn’t wait for permission to do the right thing.

It leads. And now, it has the chance to do so again.

The post A Right Worth Defending: What Enshrining Citizenship in Maryland Could Mean appeared first on citybiz.

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