Montgomery, AL – Alabama has joined a coalition of 26 states and territories filing an amicus brief with the U.S. Supreme Court in support of President Donald Trump’s Executive Order No. 14,160, titled Protecting the Meaning and Value of American Citizenship, Alabama Attorney General Steve Marshall announced.
The executive order, issued on the first day of President Trump’s current term, seeks to end automatic citizenship for children born in the United States to non-citizen parents, including those in the country illegally and individuals engaged in what the order describes as “birth tourism.” The policy has been blocked nationwide by a federal injunction while legal challenges move forward.
The case, Trump v. Barbara, will be considered by the U.S. Supreme Court, which is expected to address whether the executive order aligns with the Fourteenth Amendment to the U.S. Constitution. The Court is scheduled to hear arguments in April.
According to the multistate brief, the coalition argues that the Fourteenth Amendment does not require automatic citizenship for children born to individuals who are not lawfully present in the United States. The brief contends that such individuals are not fully “subject to the jurisdiction” of the United States as outlined in the amendment. The filing also cites policy concerns related to immigration, including impacts on public infrastructure, education, healthcare, law enforcement, and immigration enforcement.
Attorney General Marshall stated that the coalition’s brief focuses on constitutional interpretation and the historical intent of the Citizenship Clause.
“The framers of our Constitution never meant for American citizenship to be handed out automatically to anyone who happens to be born here,” Marshall said. “For decades, the Fourteenth Amendment has been distorted and exploited, imposing enormous costs and serious public-safety consequences on the States. Thankfully, President Trump acted swiftly to close this loophole and restore the original meaning of the Citizenship Clause. As our coalition’s brief explains, this case is about fidelity to the Constitution’s text and history. The Court must finally correct this longstanding error.”
Alabama joined a brief led by Iowa and Tennessee. Other participating states and territories include Alaska, Arkansas, Georgia, Florida, Guam, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, and Wyoming.
The Supreme Court’s forthcoming decision is expected to address both the constitutionality of the executive order and broader questions regarding the interpretation of birthright citizenship under the Fourteenth Amendment.
