America First Legal files briefs in support of Trump executive order ending birthright citizenship

America First Legal has recently filed two amicus briefs in support of President Donald Trump’s executive order ending birthright citizenship for the children of illegal immigrants. The firm filed the briefs on behalf of House Judiciary Committee Chairman Jim Jordan and 17 other committee members. This move comes despite nearly two dozen Democrat-run states and civil rights groups suing to stop the order, with two federal judges ruling to temporarily block it.
The executive order, titled “Protecting the Meaning and Value of American Citizenship,” states that citizenship does not automatically extend to persons born in the United States when their parents are unlawfully present in the country or when their parents’ presence is lawful but temporary. America First Legal argues that there is a clear constitutional basis for denying citizenship to illegal migrants who have broken the country’s immigration laws.
The briefs were filed in federal courts for the Western District of Washington and the District of Massachusetts. They argue that based on the text and history of the 14th Amendment, the Constitution does not confer citizenship on the children of unlawfully present aliens. The firm claims that citizenship in the U.S. is a political right, not an automatic entitlement.
The 14th Amendment, passed in 1868, was designed to extend citizenship to African-American former slaves. It states that “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.” America First Legal argues that the phrase “subject to the jurisdiction thereof” means that citizens must owe their political allegiance to the U.S., not to a foreign power or culture.
Dan Epstein, vice president of America First Legal, explained that Trump’s order would restore the constitutional principle that only those who are subject to the jurisdiction of the U.S., meaning loyal, law-abiding Americans, are citizens. He emphasized that the executive order is constitutional and legally valid, as the law does not specifically authorize that any individual born to illegal aliens on U.S. soil is, by definition, a citizen.
Epstein stated that the U.S. policy of extending citizenship to anyone born on U.S. soil, including those born to illegal immigrants, goes against American tradition and disrupts the rule of law. He expressed optimism that the Supreme Court will eventually rule in favor of Trump’s executive order, as the law is clear that “subject to the jurisdiction thereof” must have a specific meaning related to allegiance.
Despite the current block on Trump’s executive order, Epstein remains confident that the Supreme Court will provide a clear and favorable ruling on the matter. The law, he asserts, has a very clear answer regarding the interpretation of the 14th Amendment and its application to citizenship. As the legal battle continues, America First Legal stands firm in its support of Trump’s efforts to end birthright citizenship for the children of illegal immigrants.