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Racism and bigotry can never become the basis for deciding who gets rights and who belongs; families should never be stripped from their homes for the sake of violently manufacturing an ethnostate.
On April 1, the Supreme Court began hearing arguments in Trump v. Barbara, a class-action lawsuit challenging the Trump administration’s executive order to ban birthright citizenship for the children of undocumented immigrants.
Every lower court that has ruled on this issue thus far has found this executive order to be straightforwardly unconstitutional—and they are correct. The 14th Amendment is clear: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
The Trump administration contends that to be “subject to the jurisdiction thereof” means one must owe “direct and immediate allegiance” to the United States and receive “protection” from it. Solicitor General D. John Sauer argues that the children of US citizens and formerly enslaved persons meet this test by virtue of having “a permanent domicile”—a permanent home they intend to stay indefinitely. By contrast, the children of undocumented immigrants “do not owe primary allegiance to the United States by virtue of domicile” because their parents “lack the legal capacity to establish domicile here.”
This reading adds much to the Citizenship Clause that is clearly not present. No plausible interpretation would assume that the drafters meant anything about loyalty, allegiance, or domiciles.
Ultimately, Trump’s birthright restrictions, like those implemented in the DR, are nothing more than racism and xenophobia masquerading as legitimate policy.
Those challenging the Trump administration argue: “The government is asking for nothing less than a remaking of our Nation’s constitutional foundations. The Order may be formally prospective, applying to tens of thousands of children born every month, and devastating families around the country. But worse yet, the government’s baseless arguments—if accepted—would cast a shadow over the citizenship of millions upon millions of Americans, going back generations.”
This warning should be taken seriously. We have already seen similar events play out in the Dominican Republic (DR).
In 1997, the mothers of Dilcia Yean and Violeta Bosico requested that the local registry office provide them with a copy of their daughters’ birth certificates. Without it, the children could not enroll in school and were at risk of deportation. While both Yean and Bosico were born in the DR to Dominican mothers, their fathers were Haitian temporary workers. On that basis, the registry denied their mothers’ request. This blatantly discriminatory denial effectively rendered the girls rightless and stateless.
Under the 1994 Dominican Constitution, both girls were entitled to birthright citizenship. Per the Constitution, citizenship is granted to “all persons born within the territory of the Republic, with the exception of the legitimate children of foreigners residing in the country in a diplomatic capacity or those who are in transit therein.” Important here is the “in transit” clause. As Ernesto Sagás notes, “This clause was originally designed to address the issue of children born on ships passing through Dominican ports, and whose parents were not intending to settle in the Dominican Republic.” However, over the years, politicians had argued (and at times acted as if) that clause extended to the children of temporary workers, like Yean and Bosico.
After years of obstruction from government officials, the mothers finally succeeded in obtaining their daughters’ birth certificates in 2001.
In 2003, the case was submitted to the Inter-American Court of Human Rights (IACHR). In court, the DR denied any wrongdoing. Rather, they defended a broad definition of “persons in transit” based on its 2004 General Migration Law (Ley No. 285-04). Under that Law, “temporary workers” were formally classified as “persons in transit.” The DR argued that Yean and Bosico were not Dominican nationals themselves because their fathers were Haitian temporary workers—their fathers were “in transit,” thus they too were “in transit.” The IACHR rejected this reasoning.
If the Supreme Court has any legitimacy left, they will do the right thing and end Trump’s birthright madness.
In September 2005, the IACHR ruled that the DR had violated several of the girls’ rights under the American Convention of Human Rights, including their right to a nationality, equal protection, and humane treatment. The IACHR ordered the Dominican government to award the girls $8,000 USD each, issue a public apology, and amend their domestic laws to make the procedure for acquiring birth certificates “simple, accessible, and reasonable since, to the contrary, applicants could remain stateless.”
In October 2005, the Senate of the Dominican Republic issued a resolution rejecting the IACHR’s decision. In December 2005, the Supreme Court of Justice of the Dominican Republic, in further defiance of the IACHR, upheld the General Migration Law’s broad definition of “persons in transit.”
In 2010, the DR took matters one step further by formally amending their Constitution. Under the 2010 Constitution, citizenship is granted to “persons born within the national territory, with the exception of the children of foreign nationals who are members of diplomatic and consular missions, of foreigners who are in transit or residing illegally within Dominican territory. Any foreigner defined as such under Dominican laws shall be considered a person in transit.” Importantly, this redefinition divorced the concept of “person in transit” from any notion of temporary stay. A person could, for instance, live continuously in the DR for years and still be considered “in transit.”
Initially, this did not impact people who already had Dominican citizenship. But in 2013, that too changed. The Constitutional Court of the Dominican Republic retroactively applied the new standard to all persons born between 1929 and 2010. The Court ordered the government to thoroughly review all birth registries within that period and remove any persons who no longer count as Dominican under the new guidelines. In the decade that followed, this ruling would strip as many as 245,000 Dominicans of their citizenship and trigger a humanitarian crisis.
Up to 86% of those impacted have been Dominicans of Haitian descent. This is no accident. It reflects the historical and persistent discrimination against Haitians rampant across the DR. The 2013 ruling made legal what people like Santiago Riverón, the mayor of Dajabón, at the Dominican-Haitian border, have long since thought. In an interview with journalist Marius Loiseau, Riverón claims that, “Haitians and Dominicans are like water and oil.” He continues, “They have already begun to invade us for good.”
Dominican President and Trump ally Luis Abinader echoes these sentiments. He remarks: “The rights of Dominicans will not be displaced. Our identity will not be diluted. Our generosity will not be exploited. Here, solidarity has limits.” He insists that stricter penalties against undocumented migrants are necessary to ensure that the “violence that is destroying Haiti will not cross over to the Dominican Republic.”
In October 2024, his administration announced plans to deport up to 10,000 undocumented migrants per week. Between then and March 2025, more than 180,000 people were forcibly deported to Haiti by Dominican officials. These mass deportations have fueled discrimination and racial profiling, excessive violence, arbitrary detention, and family separation as well as numerous human rights violations.
While there are many important differences between the DR and US, on the issue of immigration, the parallels are unmistakable. The Trump administration is also motivated by the belief that immigrants, including Haitians, pose an existential threat to the nation’s identity; that they are a serious risk to public safety; as well as a strain on social, political, and economic resources. Like Riverón and Abinader, President Trump insists that, given the scale of the “invasion,” aggressive immigration enforcement is necessary. This includes imposing denaturalization and immigrant arrest quotas. Even the formal justification for restricting birthright citizenship is similar. For both the Trump administration and the Dominican government, no matter how many years they have lived in the country or how long they intend to stay, an undocumented immigrant is always “in transit.” They never obtain a “permanent domicile.” The Dominican government does and the Trump administration aims to extend the purported ‘transientness’ of the parents to their children as a justification for denying them citizenship.
Ultimately, Trump’s birthright restrictions, like those implemented in the DR, are nothing more than racism and xenophobia masquerading as legitimate policy. If the Trump administration succeeds in restricting birthright citizenship, it—or a future MAGA presidency—will likely seek to build upon this ruling. Like the Constitutional Court of the DR, the Supreme Court may eventually rule to retroactively apply their decision to all persons born after the ratification of the 14th Amendment.
Racism and bigotry can never become the basis for deciding who gets rights and who belongs; families should never be stripped from their homes for the sake of violently manufacturing an ethnostate. What happened in the DR should be a cautionary tale for those of us in the US.
If the Supreme Court has any legitimacy left, they will do the right thing and end Trump’s birthright madness. That said, Trump cares little for democracy or the rule of law; regardless of how they decide, we will need to remain vigilant to protect ourselves, our loved ones, and our communities.Progressive observers of United States foreign policy in Latin America were unsurprised yet still expressed alarm Thursday over details in a new report from the U.S. Agency for International Development that shows the Trump administration's humanitarian aid to Venezuela was at least partially motivated by a desire for regime change in Caracas.
"You didn't need to be a genius to see the U.S. was trying to force a dramatic confrontation, rather than trying to efficiently help needy Venezuelans."
--Vincent Bevins, journalist
The report (pdf) published earlier this month by the USAID inspector general's office states that "the U.S. government's key foreign policy goals" in Venezuela following President Nicolas Maduro's 2018 reelection were to "increase pressure on Maduro to step down" and "support Guaido's legitimacy as the interim president," a reference to the unelected opposition leader Juan Guaido, who has also received a show of support from President Joe Biden.
"Accordingly, USAID prioritized aid to the Venezuelan people in coordination with the interim president, including issuing in-kind grants to distribute humanitarian commodities inside Venezuela," the report says. This included supporting an unnamed Venezuelan NGO perceived as aligned with U.S. foreign policy objectives despite not knowing "whether the organization had the capacity to comply with USAID's legal and financial requirements."
The IG investigation found that out of 368 metric tons of humanitarian aid designated for delivery to Venezuela by the agency, only eight metric tons arrived in the country, with the rest going to Colombia and Somalia. Aid that was sent to Venezuela arrived in military transport planes, a move the report says "was not justified by operational needs as commercial transportation was available and less expensive."
The report also acknowledges that the failed February 2019 aid convoy organized by U.S. special representative Elliott Abrams--whose history in the region includes using humanitarian aid flights to arm Contra terrorists in Nicaragua and covering up massacres committed by U.S.-backed death squads in Guatemala and El Salvador--"contributed to a tense environment for humanitarian assistance funded by or associated with the U.S. government, as the Maduro regime publicly rejected pre-positioned commodities and initiated security crackdowns in Venezuela."
Additionally, it states that USAID's own officials determined that food aid purportedly sent to alleviate child hunger "was unnecessary because the nutritional status of Venezuelan children did not warrant its use at the time."
USAID, "concerned that the United Nations supported the Maduro regime," also minimized funding for U.N. agencies even though some of them "had infrastructure in Venezuela to deliver humanitarian commodities."
This, at a time when a combination of increasing U.S. economic sanctions, corruption and mismanagement, low oil prices, and natural disasters reversed some of the tremendous progress made by the Bolivarian Revolution--which began with former President Hugo Chavez and continued under Maduro--in improving the lives of poor Venezuelans.
The new report surprised few seasoned observers of the more than 100-year history of U.S. meddling in Venezuelan affairs, a timeline that includes hundreds of millions of dollars in USAID funding--including nine-figure spending on groups opposing the Bolivarian Revolution. Still, the USAID IG report raised eyebrows.
"This was incredibly obvious at the time, but it's shocking to see the details," said U.S. journalist and author Vincent Bevins of the report's contents.
USAID itself has a long history of foreign interference and subversion around the world. The agency funded death squads in El Salvador and Guatemala's genocidal army during the 1980s, the forced sterilization of Indigenous Peruvian women in the 1990s, Laotian heroin traffickers during the Vietnam War--to name but a handful of examples. USAID operatives also taught torture and democracy suppression to security forces in Latin American dictatorships including Brazil, the Dominican Republic, and Uruguay in the 1960s and 1970s.
More recently, USAID in 2010 launched a social media campaign with the goal of sparking civil unrest against the Fidel Castro-led government in Cuba. Around the same time, the agency infiltrated Cuba's burgeoning hip-hop scene in a bid to foment a youth uprising.
Experts at MIT recently concluded that there is no statistical evidence of fraud in the results of the Bolivian presidential elections last October. These findings debunk an earlier report by the Organization of American States (OAS), which were used to justify a right-wing coup d'etat in the Andean nation.
"All in all, the OAS' statistical analysis and conclusions would appear deeply flawed," the researchers, John Curiel and Jack R. Williams of the Election Data and Science Lab, wrote in the Washington Post. They added that the incumbent, Evo Morales, very likely garnered more than the 10 percent margin needed to avoid a second round vote.
The announcement has caused an international uproar.
The OAS mission's report alleging "intentional manipulation" to favor Morales' re-election led to an insurrection by the Bolivian armed forces and ultra right parties, as well as violent conflict in the streets. To date, an interim government headed by a minor member of parliament, Jeanine Anez, remains in power. Scores of pro-Morales protesters were killed in the mayhem that ensued after the regional organization called into question the legitimacy of the electoral process and ignited the chain of events that led to the coup.
As it turns out, Bolivia isn't the only election where the OAS has played a role in steering results, rather than monitoring and assuring democratic practice.
An analysis of recent election observation missions and statements by Secretary General Luis Almagro reveals a disturbing pattern of bias and a willingness to manipulate events and data for political purposes. More broadly, the Secretary General's revival of Cold War ideology and allegiance to the Trump administration has created a pattern that consistently favors right-wing governments and forces, while attacking or attempting to eliminate the left in power.
This behavior in a regional forum founded to resolve controversy poses a serious threat to democratic practice as well as the self-determination of nations.
Bolivia
The actions of the OAS Electoral Mission in Bolivia, headed by the Costa Rican Manuel Gonzalez Sanz, triggered a break with the democratic order, leading not only to the coup but the subsequent killings of pro-Morales protesters by security forces, who specifically targeted indigenous supporters of the nation's first indigenous president.
Indeed, the OAS accusations of "manipulation" in the Bolivian presidential elections catalyzed violent protests and unleashed massive human rights violations. As if awaiting a cue, armed right-wing forces mobilized to overthrow the elected government. The president and vice president, along with other high-level elected officials of the ruling MAS party, were forced to flee when their houses were set on fire and they came under attack.
Just hours after the polls closed, the OAS mission issued a press release before the vote count was finished, followed up two days later by a preliminary report calling into question Morales' lead of just over 10 percent. The report cited a "hard to explain" pause in the rapid count and other criticisms of the process.
Based on the report, right-wing forces that had hoped to gain power by forcing Morales into a second round of voting, protested. They were joined by some social organizations, staging demonstrations as well as burning buildings. When the armed forces stepped in threatening a coup, Morales resigned to avoid further bloodshed. A government of ultra-right-wing political figures took power, unleashing the attacks on indigenous peoples and Morales supporters.
An earlier analysis of the OAS reports by the Center for Economic and Policy Research showed that the mission provided no proof of fraud, and that the timing and accusations of the report played a critical political role in the subsequent chain of events. On February 27, the study by the MIT Election Data and Science Lab concluded:
"The OAS's claim that the stopping of the TREP [Transmission of Preliminary Electoral Results] during the Bolivian election produced an oddity in the voting trend is contradicted by the data. While there was a break in the reporting of votes, the substance of those later-reporting votes could be determined prior to the break. Therefore, we cannot find results that would lead us to the same conclusion as the OAS. We find it is very likely that Morales won the required 10 percentage point margin to win in the first round of the election on October 20, 2019."
By using its electoral mission to rashly question official elections results, the OAS report contributed to mob violence and the fall of the elected government. The openly racist and misogynist rightwing forces that came to power carried out at least one documented massacre of indigenous peoples.
When national and international voices protested the Bolivian coup d'etat, the OAS Secretary General retorted: "Yes, there was a coup in Bolivia on October 20, when Evo Morales committed electoral fraud" -- an unsubstantiated assertion that did not express a consensus view within the organization nor even reflect the language of the mission.
Following publication of the expert analysis, the OAS wrote a letter to the Washington Post, complaining that the study "is not honest, fact-based, or exhaustive." However, the organization has not presented a full scientific rebuttal or specific reasons for its assertion. In view of the doubts and the dire impact, the Mexican government has demanded an explanation from the OAS. Neither the OAS leadership nor the mission have responded to the request.
There are reports that the OAS followed the political dictates of the U.S. government in precipitating the Bolivian coup. The Los Angeles Times reported:
"Carlos Trujillo, the U.S. ambassador to the OAS, had steered the group's election-monitoring team to report widespread fraud and pushed the Trump administration to support the ouster of Morales. (The State Department denied Trujillo exercised undue influence on the report and said it respects the autonomy of the OAS. Trujillo, through a spokesman, declined a request for an interview.)"
The OAS's lack of transparency regarding its mission to Bolivia has compounded suspicions. Unlike other election observations, all of which should be included in the OAS public database, the 2019 Bolivia mission does not appear at all. The OAS press office has not responded to numerous queries regarding the omission of the data on the Bolivian mission, including the names of the members and other pertinent information.
The November 2017 presidential elections in Honduras provide another example of the OAS's political agenda. That year, right-wing incumbent president Juan Orlando Hernandez ran despite a ban on his seeking re-election, which was suspended by a highly questionable court ruling that declared the constitution itself unconstitutional.
On election night, after announcing that the opposition candidate Salvador Nasralla had established an "irreversible" lead, the Electoral Tribunal shut down the vote count and later returned to announce the incumbent's unlikely victory amid massive disbelief. The OAS mission questioned the re-election of President Juan Orlando Hernandez, known as JOH by his initials, and announced the elections too dirty to call. Almagro called for new elections.
By contrast, the Trump administration immediately endorsed the Honduran Electoral Tribunal's position and congratulated Orlando Herndandez on his supposed victory, while pressuring allies to do the same. Following the U.S. lead, Almagro eventually backed down from his insistence on new elections and accepted the incumbent government.
The Hondurans administration brutally repressed widespread popular protests following the election, leaving more than 30 opposition demonstrators dead. While the direct blame lies with the Honduran government, the OAS's inability to assure or restore clean elections, and its compliance with U.S. policy causing it to reverse its original position, contributed to the breakdown of rule of law in the country.
Today the political crisis continues to claim lives and forces thousands of Hondurans to emigrate every month.
OAS actions in the Dominican Republic's botched local elections on February 20 again reveal its bias.
The OAS pressured the island government to adopt an automated voting system that went bonkers on polling day. When Dominicans tried to vote, the names of certain candidates did not appear on the screens in nearly half the precincts. The OAS Electoral Observation Mission promised to study the failure, but to date has not been able to identify the technical problem, which it was its job to avoid, or explain why it didn't catch it earlier.
The Elections Board suspended the elections just hours after the polls opened and rescheduled them for March. Although local elections may seem minor, they are the forerunner to presidential elections in May and the results affect the campaigns. Dominicans are marching to demand the resignation of the Elections Board and call for fair elections, amid claims of fraud and sabotage.
Contrary to its actions in Bolivia, after the Dominican elections fiasco, the OAS mission did not immediately release a destabilizing report alleging manipulation. Instead, it supported the Elections Board's decision to reschedule elections and scrap the U.S.-based automated system, which cost the island a reported $80 million between equipment and the aborted elections.
Faced with a major breakdown in the system in the Dominican Republic, the OAS mission and its Secretary General did not point fingers, stating prudently: "To date there is no evidence to indicate a willful misuse of the electronic instruments designed for automated voting."
Despite the obvious discrepancy between the two cases, however, the OAS's press release used the opportunity to defend its Bolivia mission, promising to apply "the same standards of technical quality and professional rigor as the process that was recently carried out in Bolivia" -- leading some Dominicans to note on Twitter that the comparison was not reassuring.
Commentators have blamed the OAS in part for the breakdown in the Dominican system. In New York City, Dominican immigrants demonstrated in front of OAS headquarters against the "elections disaster" and called for to respect the vote. U.S. Congressman Adriano Epaillat demanded that the head of the Elections Board resign. But the scores of OAS observers working on-site in the country before, during, and after the events, have discreetly not criticized the government or explained what went wrong.
Protestors insist that the system failure favors the ruling Dominican Liberation Party by buying them an extra month. The ruling party's presidential candidate trails in polls for the May elections. President Danilo Medina has a close relationship with the U.S. government -- he met with Trump and four other leaders of Caribbean nations at Mar-a-Lago March 21, 2019 to consolidate support for Trump administration policies to remove Venezuelan president Nicolas Maduro from office and support Almagro's OAS re-election bid, apparently in return for investments in their nations.
Dominica
Almagro is invested in the results of elections in the Dominican Republic and other Caribbean nations. The Caribbean Community (CARICOM) holds 14 of the 34 votes in the OAS.
The small island nation of Dominica recently denounced Almagro's interference in its own December 6 elections. Prime Minister Roosevelt Skerrit, who has publicly rejected "interference in the internal affairs of any country" -- including Venezuela -- won reelection handily.
But just days before the voting, Almagro tweeted support for opposition demands, as demonstrations by anti-Skerrit forces grew violent. Dominica's foreign minister, Francine Baron, said to the OAS: "We are concerned by public pronouncements that have been made by the Secretary General, which display bias, disregard for the governments of member states, and call into question his role and the organization's role as an honest broker."
Democracy at Stake
Speaking in Mexico in August 2019, Almagro stated that if the public does not trust election results, it severely affects the quality of a democracy. However, his partisan role and the biased and dishonest actions of OAS election observation missions have severely undermined democracy in the region.
The region faces major challenges in the near future: 2020 presidential elections in Bolivia and the Dominican Republic, an upcoming Chilean constitutional referendum, and 2021 key presidential elections in Nicaragua, Peru, and Ecuador. These elections could either resolve or enflame political crises.
Impartial election observation by qualified experts can instill trust in the electoral process, expose corrupt and anti-democratic practices, and head off post-electoral conflicts. The region urgently needs an organization that is willing and able to play this role professionally -- and not act in favor of other regional interests and powers.