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Attorneys general back Trump's birthright citizenship executive order in Supreme Court brief

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Monday, March 31, 2025

Attorneys general back Trump's birthright citizenship executive order in Supreme Court brief

Attorneys & Judges
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Attorney General Alan Wilson | Attorney General Alan Wilson, SC

South Carolina Attorney General Alan Wilson has submitted a brief to the Supreme Court of the United States, accompanied by attorneys general from 20 other states, in support of President Trump's Executive Order on birthright citizenship under the 14th Amendment. This brief argues for a reassessment of the legal interpretation of who qualifies for U.S. citizenship.

"For 150 years, the 14th Amendment has been misapplied, granting birthright citizenship to those never intended by the drafters," Attorney General Wilson stated. He expressed that the amendment was designed to provide citizenship to emancipated slaves, but its interpretation has since extended beyond its intended scope. "This is an opportunity for the Supreme Court to correct this long-standing misinterpretation," he added. The Executive Order, titled "Protecting the Meaning and Value of American Citizenship," mandates that citizenship is given only if at least one parent is a lawful permanent resident of the U.S.

The brief argues that the Citizenship Clause was not intended to reward illegal immigration or birth tourism, but rather to protect rightful claims to American citizenship. The brief further claims that past misinterpretations have led to significant financial burdens on state resources, driven by illegal immigration.

States participating in this brief with South Carolina include Alabama, Arkansas, Florida, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, Texas, Utah, and Wyoming.

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