Then-candidate Gabe Evans, now a member of Congress in Colorado’s 8th Congressional District, speaks during a rally for President Donald Trump, Oct. 11, 2024, at the Gaylord Rockies Resort in Aurora. (Quentin Young/Colorado Newsline)
Before and after winning election last year to represent one of Colorado’s most diverse and immigrant-rich congressional districts, Republican U.S. Rep. Gabe Evans of Fort Lupton promised to help deliver a border crackdown and deportations of violent criminals, but he stopped well short of the harsh nativist rhetoric lately embraced by many in his party.
“We know that is the promise of the United States — we are the great melting pot,” Evans, the grandson of Mexican immigrants, told reporters in November. “I think all that people ask is that if you’re going to come to the United States, you do it the right way. You come here legally.”
Days into President Donald Trump’s second administration, however, Evans isn’t taking a position on Trump’s attempt to abolish a centuries-old bedrock of lawful U.S. citizenship, a top priority for hardline anti-immigrant advisers in the president’s inner circle.
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An executive order signed by Trump hours after taking office seeks to end recognition of birthright citizenship, the longstanding principle that any child born on U.S. soil is a natural-born citizen. The legal precedent, with roots in 17th-century English common law, has been recognized in U.S. courts since as early as the 1840s. It was later enshrined in the 14th Amendment to the Constitution and confirmed by the Supreme Court in a landmark 1898 case, United States v. Wong Kim Ark.
In response to questions, a spokesperson for Evans provided Newsline a statement from the representative that did not offer a clear position on birthright citizenship but stressed the need for border security “so that the sacred process of American citizenship is not degraded.”
Trump’s order, which quickly drew a barrage of legal challenges, proposes to deny citizenship to any child born in the U.S. without at least one parent who is a citizen or lawful permanent resident, often known as a green card holder.
Such a move would apply to thousands of children born in Colorado each year. Nationwide, as many as 1 in 12 children are born to undocumented immigrants, and Trump’s order would apply even more broadly, denying citizenship to those born to lawful temporary residents holding a wide range of visas. Overall, more than 12,500 children born in Colorado in 2023 — 1 in 5 — were born to foreign-born mothers of all statuses, according to data from the Annie E. Casey Foundation.
Trump’s order would take effect on Feb. 19. It would not apply retroactively, though that has hardly quelled fears among advocates and children of immigrants that the order would lay the groundwork for such a move in the future, as many anti-immigration hardliners and white nationalist groups continue to call for.
Stephen Miller, Trump’s top immigration adviser and a longtime opponent of birthright citizenship, pledged during a campaign rally in Aurora last year that the new administration would create “a country of, by and for Americans, and Americans only.” Trump’s own rhetoric has echoed that of Adolf Hitler and other far-right nationalist leaders in attacking immigrants whom he’s said have “bad genes” and are “poisoning the blood of our country.”
‘I follow the Constitution’
Immigration was far and away Evans’ top issue in his successful bid to unseat former Democratic U.S. Rep. Yadira Caraveo in Colorado’s 8th Congressional District last year. But since his election, he has repeatedly declined to weigh in on many well-publicized aspects of Trump’s anti-immigration agenda, citing the need to review “details” and have “conversations” about the president’s plans.
The fact that Trump has taken office and is aggressively pursuing that agenda seemingly hasn’t altered Evans’ wait-and-see approach.
Despite multiple requests to clarify his position, an Evans spokesperson couldn’t say whether the representative supported or opposed Trump’s order — only that his “personal priorities” were elsewhere.
“Gabe’s priority is fixing the physical border before addressing other aspects of the immigration system like birthright citizenship,” said spokesperson Delanie Bomar.
Few districts in Colorado would be more affected by threats to birthright citizenship than the 8th District, which includes parts of Adams and Weld counties north of Denver. It’s home to thousands of undocumented or mixed-status families, and thousands more temporary visa holders who work the region’s farms and agricultural processing facilities.
Flurry of legal challenges immediately mounted to Trump birthright citizenship order
U.S. Rep. Jason Crow, a Democrat representing another large immigrant population in Aurora, this week called Trump’s move against birthright citizenship, along with other day-one executive actions, “cruel and wrong.”
“Every American family came here at one point in search of a better life,” Crow said in a social media post. “Surely we can fix our broken system while living up to our ideals as a nation of immigrants.”
On Tuesday, Colorado Attorney General Phil Weiser joined a group of 22 state attorneys general in a federal lawsuit to block the order, which he called “flatly unconstitutional.”
“The idea that a president could override the Constitution with the stoke of a pen is a flagrant assault on the rule of law and our constitutional republic,” Weiser said in a statement. “The executive order cannot be allowed to stand, and I will fight to ensure that all who are born in the United States keep their right to fully and fairly be a part of American society as a citizen with all its benefits and privileges.”
Section 1 of the 14th Amendment, ratified in 1868, reads, “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.”
Evans’ office also didn’t respond to repeated questions about whether he considered Trump’s order constitutional.
“My faith guides me, I follow the Constitution and I listen to my constituents,” Evans said in November of his approach to his congressional tenure. “And so, in order, that is how I’m going to be making my decisions.”
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