Policy Issues / Legal

CRA Files an Amicus Brief to the Supreme Court of the United States supporting President Trump’s Argument to End Birthright Citizenship for the Children of Illegal Immigrants

Drawing on common-law principles, Reconstruction-era legislative history, and Supreme Court precedent, the brief argues that the Clause reflects a jurisdictional standard tied to political authority and national sovereignty.

The Center for Renewing America has filed an amicus curiae brief with the Supreme Court in defense of President Trump’s executive order addressing birthright citizenship for the children of illegal immigrants. The brief, prepared by CRA’s legal fellow Benjamin Osborne and senior fellow Ken Cuccinelli, advances CRA’s constitutional framework for interpreting the Fourteenth Amendment’s Citizenship Clause, contending that the phrase “subject to the jurisdiction” requires complete political jurisdiction grounded in lawful allegiance, reciprocal protection, and membership in the national political community, rather than mere physical presence within United States territory. Drawing on common-law principles, Reconstruction-era legislative history, and Supreme Court precedent, the brief argues that the Clause reflects a jurisdictional standard tied to political authority and national sovereignty.

https://www.supremecourt.gov/DocketPDF/25/25-365/392582/20260123111939637_25-365_Amicus%20Brief.pdf