Congresswoman Tenney Leads Amicus Brief on Birthright Citizenship Case

Congresswoman Claudia Tenney led an amicus curiae brief filed with the United States Supreme Court in Trump v. Barbara, a major constitutional case addressing the scope of birthright citizenship under the Fourteenth Amendment. “Birthright citizenship was never intended to be automatic in every circumstance. The Fourteenth Amendment requires lawful jurisdiction, not merely physical presence in the United States. Ignoring that distinction weakens Congress’s constitutional authority and distorts immigration enforcement. I led an amicus brief to defend the Constitution and ensure citizenship laws are applied as written,” wrote Tenney on X. The brief was submitted in support of President Trump’s Executive Order 14160, which clarifies that birthright citizenship does not automatically extend to children born in the United States to individuals who are unlawfully present or visiting temporarily. The case centers on the meaning of the Fourteenth Amendment’s Citizenship Clause, specifically whether the phrase “subject to the jurisdiction thereof” applies to individuals who have violated U.S. immigration law or who lack permanent legal status. The amicus brief argues that historical precedent, English common law, and Supreme Court jurisprudence make clear that citizenship at birth was never intended to apply universally without regard to allegiance, obedience, or lawful presence. Congresswoman Tenney is also the sponsor of the Constitutional Citizenship Clarification Act, legislation that reinforces Congress’s constitutional authority to define the terms of U.S. citizenship consistent with the Fourteenth Amendment. Here’s what the Fourteenth Amendment of the U.S. Constitution says on Citizenship – The Fourteenth Amendment of the U.S. Constitution guarantees citizenship to all children born in the United States, regardless of race, color, or ancestry. The Fourteenth Amendment’s Citizenship Clause states, “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” “The Fourteenth Amendment was ratified to ensure citizenship for newly freed slaves and their children, not to create a permanent incentive for illegal immigration. The Constitution requires allegiance and lawful subjection to U.S. jurisdiction. Granting automatic citizenship to the children of those who have broken our laws stretches the amendment far beyond its original meaning and undermines Congress’s authority over naturalization,” said Congresswoman Tenney. On January 20, 2025, President Trump issued an executive order titled ‘Protecting the Meaning and Value of American Citizenship,’ stating that American citizenship can only be granted to children with parents holding U.S. citizenship or the US Green Card. After the signing of Trump’s executive order on birthright citizenship, several lawsuits were filed by states claiming it violated the Fourteenth Amendment of the US Constitution. The Supreme Court granted certiorari in Trump v. Barbara on Dec. 5, and oral arguments are expected later this year. The Supreme Court will hear oral arguments on April 1 in a challenge to President Donald Trump’s efforts to remove birthright citizenship, which guarantees citizenship to nearly everyone born in the United States. That case, Trump v. Barbara, is one of eight cases slated for the court’s March argument session, which runs from March 23-25 and again from March 30-April 1.