Washington, D.C. — Today, House Democrats continued their efforts to push back against President Donald Trump’s unlawful executive directives by filing an amicus brief in defense of the essential constitutional principle of birthright citizenship in the matter of State of Washington, et al. v. Trump, et al. The brief was signed by 208 members of the Democratic Caucus, including leads and Litigation Task Force Co-Chairs Ranking Member Jamie Raskin and Assistant Leader Joe Neguse, along with House Democratic Leader Hakeem Jeffries, Representatives Bennie Thompson, Ranking Member of the Homeland Security Committee, and Pramila Jayapal, Ranking Member of the Subcommittee on Immigration Integrity, Security, and Enforcement.
Also at the forefront of the endeavor are Congressional Black Caucus (CBC) Chair Yvette Clarke, Congressional Hispanic Caucus (CHC) Chair Adriano Espaillat, Congressional Asian Pacific American Caucus (CAPAC) Chair Grace Meng, and Congressional Jewish Caucus (CJC) Co-Chairs Jerry Nadler and Brad Schneider.
In their argument, the amici curiae (or friends of the court) presented overwhelming evidence that Trump’s day-one order to nullify birthright citizenship violates not just the Constitution and over a century of Supreme Court rulings, but also laws passed by Congress that have repeatedly guaranteed citizenship to children born in America.
“An Executive Order is a Memo from the President to his staff. It does not trump federal law, much less the Constitution. Trump cannot end the Constitutional right to birthright citizenship with the stroke of his pen. That’s laughable. The order would strip children born in America of their rights under the Fourteenth Amendment, which violates the plain language of the Constitution, as repeatedly reaffirmed by the Supreme Court, as well as decades-old federal laws that codify this constitutional right,” said Ranking Member Raskin. “Trump not only believes he is above the law, he believes he has the power to strip the people of the United States of their fundamental constitutional rights and freedoms. The president does not get to decide who gets to be an American. That’s why I am proudly joining the fight to defend the Constitution, 150 years of legislative and judicial precedent, and the birthright of all children born in America.”
“Donald Trump and Elon Musk will stop at nothing to enact their far-right agenda, including attacking the United States Constitution with an unprecedented assault on birthright citizenship and the Fourteenth Amendment. Their blatant and unlawful disregard for the rule of law in the form of this illegal executive order shocks the conscience and House Democrats will continue to push back against it. I am grateful to Rep. Raskin, Rep. Jayapal, Rep. Thompson, Rep. Clarke, Rep. Espaillat, Rep. Meng, Rep. Nadler, Rep. Schneider and Assistant Leader Neguse of the Litigation Working Group and Rapid Response Task Force for leading House Democrats as we stand up against this unconstitutional attack on the American way of life,” said Leader Jeffries.
“President Trump cannot overturn the 14th Amendment by way of executive fiat,” said Assistant Leader Neguse. “And as both the son of immigrants and a defender of the democratic values that form the foundation of our nation, I will push back against this blatantly unconstitutional effort.”
“Under the Constitution, people born here are United States citizens, no matter who they are, what they look like, or where their families came from. It’s just that simple. We will not allow this administration to redefine what it is to be an American just to fit their outrageous anti-immigrant beliefs. Americans reject what Trump is trying to do and the courts should too,” said Ranking Member Thompson.
“Birthright citizenship is a core piece of our Constitution. Ending it through executive order is simply unconstitutional and a dangerous overreach of executive power,” said Ranking Member Jayapal. “All persons born on U.S. soil are U.S. citizens, that is what our Constitution dictates and is something President Trump cannot undo by waving a pen. As the first immigrant to serve as Ranking Member of the Subcommittee on Immigration, Integrity, Security, and Enforcement, I am proud to be co-leading on this amicus brief to stand up for the immigration laws of this country.”
“President Trump's unlawful executive order to revoke birthright citizenship is a flagrant violation of the Fourteenth Amendment and the President’s oath to protect and defend the Constitution. This is nothing more than a desperate attempt to sow division and stoke xenophobic sentiment for political gain. We are a nation of laws, not one ruled by a king, and the courts must step in to uphold the Constitution from those who seek to undermine it. I am proud to join my colleagues to fight against this unlawful action and protect the principles that have made our country into what it is today,” said Chair Meng.
“For more than a century, a cornerstone of our law is that those born on U.S. soil are American citizens. President Trump’s executive order to nullify birthright citizenship is in clear violation of the Fourteenth Amendment and is further evidence that extremist Republicans more concerned with dividing our country, not lower the cost of living, or improving economic conditions for hardworking Americans. President Trump has absolutely no authority to unilaterally write American citizens out of the Constitution, and any challenge to that notion is utterly fanciful. As Chair of the Congressional Black Caucus, I am proud to join my colleagues in making clear that we will not stand down against President Trump and extremist Republicans’ lawless and xenophobic attacks,” said Chair Clarke.
“Since the founding of our country 249 years ago, we’ve recognized that every person born in the United States is a citizen. Turning against this founding principle goes against everything we believe in and hold sacred as a country. We should learn from history where this kind of dismantling of civil liberties leads. President Trump is tearing down our institutions and undermining the values that make America the greatest country in the world,” said Congressman Schneider.
“Donald Trump's divisive and xenophobic policies seek to divide and distract us,” said Congressman Nadler. “We are dealing with a President who believes he is not just above the law, but above the U.S. Constitution. The 14th Amendment is clear that persons born in the United States are U.S. citizens. And yet, President Trump feels compelled to single-handedly change what has been universally understood about the law since the Amendment was adopted in 1868. All Americans should be disturbed by Trump's assertion that he can unilaterally change the Constitution at will to suit his purposes. This represents an assault on our democracy, and we cannot stand idly by and allow the President to disregard fundamental pillars of the Constitution. That is why I am proud as the Congressional Jewish Caucus Co-chair to join my colleagues in leading this effort.”
The full amicus brief is available HERE.
House Democrats add this to the growing list of court cases filed against the Trump Administration in which they have become involved, including successfully urging a federal judge to block efforts to dismantle the Consumer Financial Protection Bureau (CFPB).
litigationandresponse.house.gov
