Amicus Brief in Support of President Trump’s Effort to End Birthright Citizenship
Our amicus brief urged the U.S. Supreme Court to reject automatic birthright citizenship for children of illegal aliens and uphold President Trump’s effort to enforce the 14th Amendment according to its original meaning. The brief explained that the Citizenship Clause was adopted to overturn Dred Scott and guarantee citizenship to formerly enslaved Americans and their children—not to automatically grant citizenship to the children of individuals who entered the country illegally. We argued that interpreting the Constitution otherwise would allow mass illegal immigration to permanently reshape the American electorate and transfer political power through childbirth. We also urged the Court to reconsider precedents that have created additional incentives for illegal immigration, including Plyler v. Doe and Evenwel v. Abbott, arguing that birthright citizenship for children of illegal aliens should not be treated as a constitutional mandate when doing so would worsen the nation’s immigration crisis and restrict the ability of Congress and the American people to determine immigration policy. [ AMICUS BRIEF ]