Free Republic

For far too long, the American legal and political landscape has been distorted by a fundamental misunderstanding of the 14th Amendment: that merely being born on U.S. soil makes one a citizen. This misconception contradicts the original intent of the amendment’s framers. Furthermore, it undermines the foundational principle that citizenship arises from allegiance, not geographic happenstance. On May 15, the Supreme Court will take up three cases, consolidated under the name Trump v. CASA. It will address Donald Trump’s bold and necessary attempt to end the unconstitutional practice of granting citizenship to anyone born on U.S. soil, regardless of parental...

@ThomasEWoods Trump is right about birthright citizenship (14th Amendment )

The US Supreme Court agreed to hear oral arguments in response to President Trump’s emergency request to stop nationwide injunction against his birthright citizenship executive order. President Trump asked the Supreme Court to stay the nationwide injunctions issued by the federal judges. The high court agreed to an expedited schedule and set arguments for May 15. ABC News reported: The Supreme Court on Thursday said it would hear expedited oral arguments next month over President Donald Trump’s emergency request to rollback nationwide injunctions against his executive order to end birthright citizenship. The nation’s highest court set arguments for May 15...

The Trump administration asked the Supreme Court on Thursday to rein in lower court rulings that have prevented a ban on birthright citizenship from taking effect nationwide. Judges should not be able to govern “the whole Nation” from their courtrooms by issuing universal injunctions that block policies across the entire country while litigation is pending, the administration told the justices in its application. “District courts have issued more universal injunctions and TROs [temporary restraining orders] during February 2025 alone than through the first three years of the Biden Administration,” the application states. “That sharp rise in universal injunctions stops the...

Leaving birthright citizenship to the Roberts court is walking into a minefield – legislation is the smarter route to end this unnecessary relic of the 19th century. Here’s why. If conservatives are counting on the Supreme Court to rule birthright citizenship for illegal aliens unconstitutional, think again – it isn’t the slam dunk many believe it to be. But that doesn’t mean there isn’t a better path to abolishing this disastrous policy for good.

The U.S. Court of Appeals for the Ninth Circuit has rejected an attempt by President Donald Trump to reinstate his executive order aimed at curbing birthright citizenship. The court's decision on Wednesday (February 19) leaves in place a nationwide injunction that blocks the order, which was signed on the day of Trump's inauguration. The order sought to deny birthright citizenship to children of undocumented immigrants and certain foreigners by reinterpreting the 14th Amendment. The Ninth Circuit's three-judge panel unanimously ruled against the Trump administration's emergency request to lift the injunction, stating that the administration did not make a strong case...

President Donald Trump’s executive order banning birthright citizenship for illegal aliens, tied to the invasion on the border, tees up a major Supreme Court case that could become a historic Trump win that fixes a growing, decades-long problem.

Since winning his election and taking office for his second term, President Donald J. Trump wasted no time sweeping up the messes left by the dark ages of the Biden presidency, including mass deporting the multitude of law-breaking people who invaded our sovereign borders. Rather than speaking up for the rights of American citizens violently ripped from their mothers’ wombs every day, the abortion-hungry Left has leapt to defend the cause of illegal aliens. In doing so, they deem illegal aliens in the womb worthy of greater legal protections than American children in the womb. Main Idea: The American Civil...

President Trump has placed this once relatively obscure legal issue into the public square of American political democracy. He has, in essence, democratized the issue. Automatic birthright citizenship is no longer solely a technical question confined to legal elites, but a vital political and policy issue, a space where the people’s voice should be heard. Trump’s executive order and the proposed congressional legislation mean that the democratically elected branches of government have joined the conversation in deciding the critical question of who should or should not automatically become an American citizen. This is not a transient issue that will simply...

@oversightpr obtained a copy of a secret pact between 22 blue states, DC, and San Francisco which was signed just 3 days after Trump’s landslide victory, to resist his plan to end birthright citizenship. Instead of fixing gas prices, groceries, or public safety, Democrats’ top priority was ensuring that children of illegal aliens from the Biden Border Crisis could become future voters.

An immigrant group behind a major lawsuit challenging President Donald Trump’s executive order seeking to end birthright citizenship receives millions of dollars in government funding annually, a Washington Examiner analysis of public records has found. CASA, an organization that helps migrants find work regardless of their legal status, filed the lawsuit alongside the Asylum Seeker Advocacy Project and five pregnant noncitizens in January, arguing that Trump’s attempt to end birthright citizenship is unconstitutional.

America First Legal filed two amicus briefs this week in support of President Donald Trump’s executive order ending birthright citizenship for the children of illegal immigrants. The firm filed the briefs on behalf of House Judiciary Committee Chairman Jim Jordan, R-Ohio, and 17 other committee members. Despite there being nearly two dozen Democrat-run states and civil rights groups suing to stop the order and two federal judges ruling to temporarily block it, America First is arguing that there is a clear constitutional basis for denying citizenship to illegal migrants who have broken the country’s immigration laws. Trump’s order titled "Protecting...

Judge Deborah Boardman, a Biden appointee, ruled that the order is likely unconstitutional. ... Boardman said the civil rights group plaintiffs, five pregnant women whose children would not be granted citizenship under the order, were likely to succeed on the merits. The plaintiffs are represented by the CASA and the Asylum Seeker Advocacy Project.

🚨 #BREAKING: @Jim_Jordan & @JudiciaryGOP file an amicus brief in support of President Trump’s Executive Order on Protecting the Meaning and Value of American Citizenship.Read the Western District of Washington brief here: https://t.co/cEYqE3LYMERead the District of…— House Judiciary GOP 🇺🇸🇺🇸🇺🇸 (@JudiciaryGOP) February 3, 2025Link to the amicus brief: https://judiciary.house.gov/sites/evo-subsites/republicans-judiciary.house.gov/files/evo-media-document/86-2.pdf

This week, the Trump administration doubled down in its fight against birthright citizenship. The usual alliance of pundits, professors and press lined up to declare any challenge to birthright citizenship as absurd. Yet the administration seemed not only undeterred, but delighted. There is a reason for that euphoria: They believe that they cannot lose this fight. The legal case against birthright citizenship has always been tough to make, given the long-standing interpretation of the Fourteenth Amendment in federal courts and agencies. Many in academia and the media have shown unusual outrage toward anyone questioning the basis for birthright citizenship as...

I was having lunch with some conservative gal pals yesterday, and the subject got around to birthright citizenship. I was quickly able to sum up the arguments in favor of Donald Trump’s position (many of which have been made on this site), so I thought I’d give you a handy-dandy guide to these arguments. The predicate for this discussion, of course, is this clause from the 14th Amendment: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. (Emphasis mine.)One. English common...

The birthright citizenship dispute is surely destined for the United States Supreme Court. Is there any legal authority for that court to issue a decision abrogating birthright citizenship for the offspring of illegal aliens? The foundational rock-bottom grandfather principle of all systems of law is that the law is the will of the lawgiver. This is what Richard II meant when he said, “The laws are in my mouth,” and it was for this very stance that Charles I lost his head. Under this legal doctrine, a statute is the will of the legislature, and a constitutional provision is the...

Who gets to be an American? Since the 14th Amendment to the Constitution was adopted in 1868, the answer to that question has been cemented in the American psyche: anyone born on U.S. soil is a U.S. citizen. That is until Donald Trump issued an executive order on Jan. 20, 2025—the first day of his second term as President—that would make birthright citizenship conditional on the legal status of one’s parents, targeting many of the hundreds of thousands of children born each year to immigrants. The order was immediately challenged as unconstitutional and is expected to be held up and...

Beyond the legal arguments about the 14th Amendment is the moral argument: who is America for, and what makes someone an American?On his first day in office, President Trump did the country a great service by issuing an executive order rejecting birthright citizenship as a requirement of the 14th Amendment.Whether Trump’s order will withstand the legal challenges remains to be seen (a federal judge in Seattle temporarily blocked the order on Thursday). But the challenges themselves will force a reckoning on this issue, perhaps even at the Supreme Court.Such a reckoning is overdue. For far too long we have accepted...

If you were wondering how long it would take for Democrats to sue the Trump administration, we have an answer. With the ink barely dry, eighteen Democrat state attorneys general, four additional Democrat state AGs, and a collection of outside groups led by the American Civil Liberties Union all filed federal lawsuits over President Donald Trump’s executive order ending birthright citizenship for the children of illegal immigrants. Their argument, that the U.S. Supreme Court has already ruled that the 14th Amendment guarantees birthright citizenship for practically anyone born here, is flatly wrong as a matter of law. The courts should...