AFPI Files Amicus Brief with SCOTUS on Limiting Birthright Citizenship

Washington, D.C. — The America First Policy Institute (AFPI) has filed a consequential amicus brief in the Supreme Court case Trump v. Barbara. For first time in decades, the Supreme Court has the opportunity to uphold the original meaning of American citizenship in their interpretation of the Fourteenth Amendment, limiting birthright citizenship to what the Founders’ intended. The Citizenship Clause of the Fourteenth Amendment was designed to protect citizens, not those who violate American law by entering the U.S. illegally. Despite this, broad interpretations of this clause have been permitted to continue, allowing for weakened immigration enforcement and a distorted meaning of American citizenship.

Gina D’Andrea, General Counsel at AFPI, spoke about the necessity to recognize the constitutional limits to birthright citizenship:

“The Citizenship Clause makes clear that citizenship requires both residence and allegiance. So, while birthright citizenship is the general rule, it is not without exception. When you examine the history and tradition of birthright citizenship you discover the subjects of President Trump's executive order lack actual allegiance to the United States in much the same way as those the Supreme Court has already recognized as exceptions to the general rule.”

Cooper Smith, Director of Homeland Security & Immigration at AFPI added:

“Birthright citizenship has long served as a key incentive for illegal immigration into the United States. We urge the Court to act in accordance with the Constitution and restore the original intent of the Fourteenth Amendment going forward.”

AFPI will continue to protect and advocate for policies that protect the sanctity of American citizenship and the safety of all Americans.