Congresswoman Tenney Leads Amicus Brief in Supreme Court Case on Birthright Citizenship

Oswego, N.Y. - Congresswoman Claudia Tenney (NY-24)today 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.

The brief was joined by Reps. Andy Biggs (R-AZ), Cory Mills (R-FL), John Rose (R-TN), and Barry Moore (R-AL).

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.

The Supreme Court granted certiorari in Trump v. Barbaraon Dec. 5, and oral arguments are expected later this year.

"The Fourteenth Amendment was ratified to ensure citizenship for newly freed slaves and their children, not to create a permanent incentive for illegal immigration," said Congresswoman Tenney. "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."

Read the full amicus brief here.

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