America First Legal (AFL) has filed amicus briefs supporting President Donald J. Trump’s executive order to end birthright citizenship for children of individuals unlawfully present in the United States. The legal filings were made on behalf of House Judiciary Committee Chairman Jim Jordan (R-OH) and 17 other committee members and are in opposition to an effort by several Democrat state attorneys general to secure a preliminary injunction against the presidential order.
The conservative legal group contends the 14th Amendment, properly interpreted, excludes citizenship for children of illegal immigrants born in the United States.
“Specifically, the historical record confirms that the Fourteenth Amendment does not confer citizenship on the children of aliens unlawfully present in the United States,” the AFL brief states, continuing: “Because of this, ‘[a]n alien who seeks political rights as a member of this Nation can rightfully obtain them only upon terms and conditions specified by Congress,’ United States v. Ginsberg, 243 U.S. 472, 474 (1917), but Congress has never granted citizenship to the children of aliens unlawfully present, see also 8 U.S.C. § 1408.”
“Thus, the other branches are forbidden from conferring such citizenship on their own, a limitation that the Executive Order ensures is followed within the executive branch,” the brief argues, concluding: “The Court should deny Plaintiffs’ motion for a preliminary injunction.”
President Trump’s executive order asserts that citizenship should not be automatically granted to those born on U.S. soil if their parents are unlawfully in the country or only temporarily present. However, the measure is being contested by several Democrat-controlled states in federal court and is expected to eventually reach the United States Supreme Court.