Maryland Considers Constitutional Amendment to Protect Birthright Citizenship Amid Federal Uncertainty

In a significant move to protect immigrant rights, Maryland is considering a constitutional amendment that would affirm birthright citizenship for all individuals born within its borders, regardless of their parents' immigration status. This proposal comes in the wake of federal actions and Supreme Court rulings that have placed the 14th Amendment's guarantees under threat, particularly affecting immigrant families in Maryland, where immigrants constitute 17% of the population and 21.7% of the labor force.

The amendment would not alter federal citizenship laws but would ensure that all Maryland-born individuals are recognized as state citizens, entitled to full protection under state law. This measure is seen as a direct response to the executive order signed by President Trump in January 2025, which sought to eliminate birthright citizenship, and the subsequent Supreme Court decision in Trump v. CASA that removed legal safeguards against nationwide implementation of such policies.

Maryland's immigrant community, including approximately 140,000 undocumented residents who contribute significantly to the state's economy, faces increased vulnerability under current federal policies. The proposed amendment aims to provide a layer of protection against discrimination by state or local governments based on citizenship status, potentially influencing access to education, law enforcement practices, and eligibility for local benefits.

This initiative reflects Maryland's history of proactive civil rights leadership, such as being the first state to legalize same-sex marriage by popular vote in 2012 and safeguarding reproductive freedom through a constitutional amendment in 2022. By enshrining birthright citizenship in its constitution, Maryland seeks to send a strong message of inclusion and protection to its immigrant residents, setting a precedent for other states in a time of federal uncertainty.

The stakes are high for Maryland's immigrant communities, with thousands of DACA recipients and individuals with Temporary Protected Status (TPS) at risk of deportation. The proposed amendment represents not only a symbolic stand but also a practical measure to ensure that Maryland continues to lead in protecting the rights and dignity of all its residents, regardless of the shifting federal landscape.