America First Legal recently filed two amicus briefs in support of President Donald Trump's executive order to end birthright citizenship for the children of illegal immigrants. The firm submitted the briefs on behalf of House Judiciary Committee Chairman Jim Jordan and 17 other committee members.
Despite facing opposition from nearly two dozen Democrat-run states and civil rights groups, America First Legal argues that there is a constitutional basis for denying citizenship to illegal migrants who have violated U.S. immigration laws. Trump's executive order, titled 'Protecting the Meaning and Value of American Citizenship,' emphasizes that citizenship is not automatically granted to individuals born in the U.S. if their parents are unlawfully present or have temporary lawful status.
The briefs, filed in federal courts in Washington and Massachusetts, assert that the 14th Amendment does not confer citizenship on the children of unlawfully present aliens. The 14th Amendment, passed in 1868 to grant citizenship to African-American former slaves, states that individuals born or naturalized in the U.S. and subject to its jurisdiction are citizens.
America First Legal's vice president, Dan Epstein, explained that 'subject to the jurisdiction thereof' in the 14th Amendment implies allegiance to the U.S., not a foreign power. He believes Trump's order aligns with the constitutional principle that only loyal, law-abiding individuals are entitled to citizenship.
Epstein emphasized that Congress has not explicitly authorized citizenship for individuals born to illegal aliens on U.S. soil. He argued that extending citizenship to all individuals born in the U.S., including those born to illegal immigrants, deviates from American tradition and undermines the rule of law.
Despite the current block on Trump's executive order, Epstein remains optimistic that the Supreme Court will ultimately rule in favor of the order. He is confident that the phrase 'subject to the jurisdiction thereof' in the 14th Amendment carries significant meaning and implies allegiance to the U.S., supporting the denial of automatic citizenship to children of illegal immigrants.
