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Monday, March 10, 2025

America First Legal defends Trump's birthright citizenship executive order

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Stephen Miller - President, America First Legal | https://aflegal.org

Stephen Miller - President, America First Legal | https://aflegal.org

America First Legal (AFL), in collaboration with Stone Hilton PLLC, has submitted an amicus brief to the U.S. Court of Appeals for the First Circuit. The brief is part of the case New Jersey v. Trump and supports President Trump's Executive Order 14160, titled "Protecting the Meaning and Value of American Citizenship."

The AFL's argument focuses on the interpretation of the Fourteenth Amendment’s Citizenship Clause. It contends that citizenship is not automatically granted to everyone born on U.S. soil, as it requires individuals to be “subject to the jurisdiction” of the United States.

The brief emphasizes that national security should be a key consideration in interpreting this clause, particularly in relation to President Trump’s Executive Order 14160. This order aims to remove incentives for unlawful immigration and address loopholes exploited by foreign adversaries.

AFL further argues that judicial decisions in this matter could have significant implications for U.S. foreign policy and affect the Executive Branch’s capacity to address national security threats. The organization underscores that immigration and citizenship are closely linked to national sovereignty and security, highlighting the importance of maintaining executive authority in these areas.

Dan Epstein, Vice President of America First Legal, expressed support for President Trump’s order: “America First and our allies at Stone Hilton are proud to represent Joshua Steinman, a world expert on national security and formerly one of President Trump’s key national security aides. This brief makes clear that interpreting Section 1 of the 14th Amendment to invite national security threats would not only be a grave misreading of the law but would spell disastrous policy consequences.”

Epstein also noted: “Article IV of the Constitution directs the President to protect the states against invasion. The privileges and immunities of citizenship mean nothing without security. And the President’s discretion is at its highest when it comes to national security matters.” He expressed hope that federal courts will find AFL's arguments compelling.

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