AFL has has filed a brief in the U.S. Supreme Court on behalf of twelve U.S. Senators and sixteen U.S. Representatives — led by Senator Ted Cruz and Representative Jim Jordan — supporting President Trump’s Executive Order 14160

America First Legal Files U.S. Supreme Court Brief on Behalf of U.S. Senators and Representatives Supporting President Trump’s Executive Order on Birthright Citizenship

WASHINGTON, D.C. America First Legal (AFL), in partnership with Boyden Gray PLLC, has filed a brief in the U.S. Supreme Court on behalf of twelve U.S. Senators and sixteen U.S. Representatives — led by Senator Ted Cruz and Representative Jim Jordan — supporting President Trump’s Executive Order 14160, “Protecting the Meaning and Value of American Citizenship.” This filing builds on AFL’s ongoing efforts to restore the U.S. Constitution’s original limits on birthright citizenship.


Executive Order 14160 restores the original meaning of the Fourteenth Amendment’s Citizenship Clause, which the lower courts wrongly blocked by expanding birthright citizenship beyond what the Constitution allows. 


AFL’s brief highlights that:

  • United States v. Wong Kim Ark applies only to children of lawful residents, not those here illegally.

  • Being “subject to the jurisdiction thereof” requires complete allegiance to the United States.

  • Historical and legal authorities consistently confirm that children of unlawful residents were never intended to receive automatic U.S. citizenship.

The brief further emphasizes that the Constitution leaves citizenship policy to Congress — not the courts — and that President Trump’s Executive Order 14160 lawfully enforces those limits by tying citizenship to lawful presence and allegiance.


“President Trump’s Executive Order correctly affirms that U.S. citizenship is tied to lawful presence and allegiance,” said Dan Epstein, Vice President of America First Legal. “The Supreme Court must intervene to restore the Constitution’s original meaning, protect national sovereignty, and ensure citizenship remains grounded in loyalty to the United States and its laws.”


AFL filed the amicus brief on behalf of U.S. Senators Ted Cruz (Texas), Jim Banks (Indiana), Marsha Blackburn (Tennessee), Ted Budd (North Carolina), Kevin Cramer (North Dakota), Tom Cotton (Arkansas), Lindsey Graham (South Carolina), Cindy Hyde-Smith (Mississippi), James Lankford (Oklahoma), Mike Lee (Utah), Bernie Moreno (Ohio), and Tim Sheehy (Montana).


As well as U.S. Representatives Jim Jordan (Ohio), Michael Baumgartner (Washington), Andy Biggs (Arizona), Scott Fitzgerald (Wisconsin), Brandon Gill (Texas), Lance Gooden (Texas), Glenn Grothman (Wisconsin), Harriet Hageman (Wyoming), Mark Harris (North Carolina), Wesley Hunt (Texas), Brad Knott (North Carolina), Thomas Massie (Kentucky), Tom McClintock (California), Barry Moore (Alabama), Troy Nehls (Texas), and Bob Onder (Missouri). 


AFL will continue taking lawless rulings to court, defending the Constitution, and fighting to restore the rule of law.


Read the full brief here


Read more of AFL’s amicus briefs here

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