Reporters Now Need Escorts to Do Their Jobs at the Pentagon (w/ Elliot Williams)

In this episode of The Bulwark, host Sarah Longwell is joined by CNN legal analyst and former ICE lawyer Elliot Williams to dissect the legal and constitutional implications of President Trump's recent executive order attempting to end birthright citizenship for children born in the U.S. to non-citizen parents. Williams emphasizes the constitutional clarity of the 14th Amendment, which states that all persons born in the United States and subject to its jurisdiction are citizens. He argues that the executive order is likely unconstitutional and that the Supreme Court’s upcoming review will test the Court’s commitment to originalism and precedent. Despite the overwhelming legal consensus and historical interpretation supporting birthright citizenship, Williams warns that the Court may attempt to justify a reversal by citing modern immigration realities, though he doubts this would convince the conservative justices. The episode also covers a related policy shift: the Trump administration’s directive to detain all undocumented immigrants without bond, a move challenged by hundreds of federal judges but recently upheld by two conservative appellate courts. Williams explains the practical and legal tensions behind this policy, noting that it relies on redefining 'applicant for admission' to include those already in the country, a significant departure from longstanding interpretation. He stresses that Congress, not the executive, should be the vehicle for such sweeping changes, and criticizes the administration for bypassing democratic processes. Key takeaways include: (1) The 14th Amendment’s birthright citizenship clause is constitutionally clear and has been consistently upheld for over a century; (2) Executive orders cannot override constitutional provisions—Congress or a constitutional amendment is required for change; (3) The Supreme Court’s upcoming decision on birthright citizenship will be a major test of judicial independence and originalism; (4) Detaining undocumented immigrants without bond is a policy-driven move that stretches legal precedent and risks creating nationwide legal chaos; (5) The administration’s strategy relies on making detention so punitive that people self-deport, raising serious humanitarian and legal concerns. Overall, the episode underscores the fragility of constitutional norms when political power seeks to bypass legislative and judicial processes.