As a person of color, racial profiling isn’t just something I’ve heard about. It’s something I’ve lived through. Take it from me—I’ve been accused of theft in stores, wrongly labeled as a suspect in a crime, and even questioned by law enforcement about my legal status in this country. There have been times when I’ve had officers point their guns at me during routine traffic stops, including one where I was just riding my bicycle home from work. All of this simply because of my Latino heritage. Over time, it’s become so frequent that I barely flinch anymore. But today, the Trump administration is asking for permission to do something I never thought I’d witness—a policy that could institutionalize this type of discrimination.
Trump and his Republican allies are petitioning the U.S. Supreme Court to allow the government to racially profile at birth. This move, aimed at dismantling birthright citizenship through an executive order, has pushed me to question how far this government is willing to go in its pursuit of racial exclusion. I know what you’re thinking: I’m over-exaggerating, right? I must be trying to stir up fear, pushing the narrative that Trump is racist, trying to manipulate liberals into opposing him. But let’s take a closer look, shall we?
Here’s where things get tricky. The Trump administration, in all its efforts to eliminate birthright citizenship, hasn’t exactly explained how they plan to enforce such a monumental change. While they haven’t provided a clear legal framework, it’s hard not to wonder about the practical implications. How would they actually differentiate between citizens and non-citizens, especially when it comes to babies born in America to undocumented parents?
To put it into perspective, I’ll let Justice Brett Kavanaugh ask the tough questions. In a recent exchange with U.S. Solicitor General D. John Sauer, Kavanaugh asked how the administration plans to determine which babies born on American soil would be considered citizens if the executive order were passed. This is where the conversation got interesting:
Kavanaugh: “What do hospitals do with a newborn? What do states do with a newborn?”
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Sauer: “I don’t think they do anything different. What the executive order says in section 2 is that federal officials will not accept documents that have the wrong designation of citizenship from individuals subject to the order.”
Kavanaugh: “How are they going to know that?”
Sauer: “States can continue to… federal officials will need to figure that out.”
Kavanaugh: “How?”
Sauer: “Well, you could imagine a number of ways… like requiring documentation proving legal presence in the country. For example, they could check if someone’s on a B-1 visa, which could disqualify them from birthright citizenship.”
Kavanaugh: “For all the newborns? Is that how it’s going to work?”
Sauer: “We don’t know because the agencies never had a chance to formulate guidance.”
If you listen carefully, the “how” stands out in this exchange. The Trump administration couldn’t provide a solid answer to Kavanaugh’s question because, frankly, they don’t have a clear plan. But let me break it down for you: They won’t be able to enforce this on every baby born in America. There’s no way they could. There are approximately 3.6 million babies born each year in this country. If Republicans succeed in pushing this policy, how many of those babies will be deemed non-citizens? How would they even know?
Now, let’s consider the numbers. According to the March of Dimes, of all live births between 2021 and 2023, half were white. So, these babies—born to American parents—would be considered citizens, right? But imagine the uproar if anyone were to ask their parents about citizenship status just after birth. It’s absurd. If my son, born to a white mother, were subjected to such an inquiry, I would have lost my temper.
But the real issue lies with the babies who don’t fit this demographic. Justice Kavanaugh’s questions were spot on, and to his credit, he asked if the government had a plan for sorting out which babies would stay and which wouldn’t. Sadly, the administration couldn’t answer, as they had never been given the chance to figure it out.
But here’s what I know: the government won’t be checking every baby. They won’t worry about the 50% of white babies born in this country. Instead, they’ll be targeting the rest—the babies born to immigrant parents, especially those without legal status. This is a pattern we’ve seen before. Under Trump’s first term, children were torn from their families at the border, sent to places like El Salvador, with no real regard for the human cost. And now, it seems like this administration is willing to do the same to newborns.
The truth is clear: Trump and his Republican supporters are pushing for the racial profiling of babies. They want to target, label, and divide the children born in America, based solely on their parents’ immigration status. Justice Kavanaugh had it right when he asked the question—this isn’t about citizenship; it’s about power and control. And make no mistake: they know exactly who they want to target.