Maryland Considers Constitutional Amendment to Protect Birthright Citizenship Amid Federal Uncertainty
Maryland lawmakers are proposing a constitutional amendment to affirm birthright citizenship and state protections for all born in Maryland, responding to federal threats to the 14th Amendment and the potential for widespread impact on immigrant families.
In response to federal challenges to birthright citizenship and the 14th Amendment, Maryland is considering a constitutional amendment to affirm that all persons born in the state are entitled to full protection under state law. This move comes as the U.S. Supreme Court's decision in Trump v. CASA has removed a key legal safeguard against unconstitutional federal policies, leaving immigrant families vulnerable to immediate harm from federal overreach.
Maryland's immigrant population, which makes up 17% of the state's residents and 21.7% of its labor force, contributes significantly to the economy, with undocumented residents alone paying $1.4 billion in taxes annually. The proposed amendment seeks to protect these contributions and the individuals behind them by ensuring state-level protections, regardless of federal immigration status. It would prohibit discrimination based on citizenship by state or local governments, potentially affecting access to education, police cooperation with ICE, and eligibility for local benefits.
The amendment reflects Maryland's history of proactive civil rights leadership, such as legalizing same-sex marriage by popular vote in 2012 and safeguarding reproductive freedom in 2022 ahead of federal rollbacks. By enshrining birthright protections in its constitution, Maryland aims to send a clear message of inclusion and set a national precedent at a time when federal policy is increasingly uncertain and divisive.