Trump rebuked on birthright citizenship, but xenophobia still burns

President Donald Trump's attempt to revoke birthright citizenship by executive order — signed on the first day of his second term — was never likely to overcome constitutional barriers. On Tuesday, the Supreme Court rightly rebuked his overreach. But even with the loss, the administration's strategy of exclusion and fearmongering over immigration remains potent.

Trump made the unprecedented decision to witness the court's oral arguments in April knowing the odds of the court overturning more than 150 years of settled law were against him. His administration never even bothered to put in place a plan for how it would strip people of citizenship had it won the case. Instead the hateful messaging by this administration that children born to visitors or those living here illegally were stealing taxpayer benefits and changing the nation's identity away from a white, Christian one was the point — another log on the fires of xenophobia.

Yet after the ruling was released, Trump called on Congress to pass a law denying citizenship to those born on U.S. soil to parents that don't have legal status or when the mother's presence here is lawful but temporary. The likelihood of that law being passed by Congress is almost nil. But it keeps the agitation level high, especially for the midterm elections.

It's disappointing to see Rep. Nick LaLota quickly express support for such a law, which even House leadership isn't buying. Instead, Trump and LaLota should focus their efforts on overhauling the immigration system. It needs to be more expedient and effective for those currently seeking lawful status. Congress must expand the Temporary Protected Status program to cover political instability; the notion that nations such as Haiti are safe for return is ludicrous. And after decades of failure, Congress must come up with a process for dealing with as many as 14 million people here without legal status. Who should be allowed on a path to obtaining it, and how?

The Trump administration has made legal immigration slower, more uncertain and more difficult. While U.S. Citizenship and Immigration Services has long had backlogs and staffing shortages, this administration does all it can to make the process more burdensome for those trying to follow the rules. Routine appointments for interviews, visa extensions and green card decisions are taking much longer, creating uncertainty for families, employers and students.

Trump promised to better control the borders which had become porous, and to quickly remove those here illegally who committed crimes or displayed violent behavior. In his attempts to do so, he showed more determination than others who tried before him. But the process was too aggressive, disruptive and a legal overreach. The human costs were too high. The nation's tolerance for migration, which had been our strength, has been lowered.

The court's landmark ruling on birthright citizenship is a reminder that in the past 18 months the president has done little to resolve the structural problems that make our immigration system so dysfunctional.