Washington, D.C. —  On Friday, House Democrats’ Litigation and Rapid Response Task Force, remaining steadfast in their commitment to fighting against the Trump Administration’s illegal attacks on the constitutional principle of birthright citizenship, filed an amicus brief in the matter of Trump v. Casa, Inc., which is now before the 4th Circuit Court of Appeals. The Trump Administration filed this appeal to overturn a nationwide preliminary injunction blocking the President’s attempt to change the constitutional right to birthright citizenship via executive order. 

The amicus brief–signed by 170 House Democrats–provides overwhelming evidence that President Trump’s Executive Order violates the Constitution and over a century of Supreme Court rulings, as well as laws enacted by Congress. It also signifies the lawmakers’ commitment to defending birthright citizenship, following their amicus briefs filed in State of Washington v. Trump before the Ninth Circuit Court of Appeals, and in the Supreme Court cases Trump v. Washington, Trump v. CASA, Inc., and Trump v. New Jersey.

The full brief is available HERE.   

The effort is once again being helmed by House Democratic Leader Hakeem Jeffries, along with Litigation Task Force Chair Assistant Leader Joe Neguse and Co-Chair, Judiciary Committee Ranking Member Jamie Raskin; Representatives Bennie Thompson, Ranking Member of the Homeland Security Committee, and Pramila Jayapal, Ranking Member of the Subcommittee on Immigration Integrity, Security, and Enforcement; as well as 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.

See what they had to say below: 

“Donald Trump and Elon Musk are taking a chainsaw to the United States Constitution. Their disgraceful actions on birthright citizenship violate our nation’s laws and are an assault on the American way of life. House Democrats will continue to push back aggressively against them in the courts, in Congress and in our communities. The Supreme Court of the United States must stand on the side of the Constitution and reject this outrageous effort. I am thankful for the leadership of Rep. Raskin, Rep. Thompson, Rep. Jayapal, Rep. Clarke, Rep. Espaillat, Rep. Meng, Rep. Nadler, Rep. Schneider and Assistant Leader Neguse of the Litigation Working Group and Rapid Response Task Force in standing up for the rule of law,” said House Democratic Leader Hakeem Jeffries. 

“President Trump’s executive order on birthright citizenship is unconstitutional, and as our amicus brief makes clear, House Democrats will continue to vindicate our constitution,” said Assistant Democratic Leader Joe Neguse. 

“Donald Trump’s executive order purporting to eliminate birthright citizenship violates not only the first sentence of the Fourteenth Amendment but decades of Supreme Court interpretation and federal laws enacted by Congress,” said Ranking Member Jamie Raskin. “The Fourteenth Amendment is clear that people born in the United States are American citizens regardless of their parents’ origin or status. A Presidential executive order cannot override the U.S. Constitution to strip millions of Americans born here of their rights and freedoms. We will fight to defend this core principle of Constitutional equality and membership.”

 “We will not allow the Trump administration to redefine what it is to be an American just to fit their extreme anti-immigrant beliefs. 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. Americans reject what Trump is attempting to do, and the Supreme Court must too,” said Ranking Member Bennie 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 Pramila 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.”

“Birthright citizenship is enshrined in our Constitution and has been affirmed by the Supreme Court numerous times — including in the landmark United States v. Wong Kim Ark decision. No matter what President Trump says or does, he cannot unilaterally overrule the law of the land by signing a piece of paper. As Chair of the Congressional Asian Pacific American Caucus, I join my colleagues in standing up for American values and against this unconstitutional executive overreach,” said CAPAC Chair Grace Meng.

“Birthright citizenship is a moral imperative in the United States because of its origins. It’s about our collective recovery from the evils of slavery, yes, but it’s also about equal opportunity for every American born in this country,” said CHC Chair Adriano Espaillat. “This brief reminds the Supreme Court of the historical weight of the 14th amendment and of the very real costs that would be imposed by additional legal requirements on all growing families by a spurious reinterpretation of this keystone amendment.”

“Donald Trump is not a king. He cannot dismiss a century and a half of legal and judicial precedent that affirms the plain language of the Fourteenth Amendment of our Constitution with the swipe of a pen. Our Constitution clearly says if you are born here, you are a citizen. I’m hopeful that our highest court will follow the precedent set by its predecessors and send a clear message to the President that his flagrant, illegal overreach will be stopped,” said CJC Co-Chair Brad Schneider.

“Donald Trump’s divisive and xenophobic policies seek to divide and distract us,” said CJC Co-Chair Jerry 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.” 

Background on the Task Force’s Wins:

The Litigation and Rapid Response Task Force first took the unprecedented step of filing a trial court amicus brief to defend American consumers from predatory lenders and bad actors. They were successful in this case after a federal judge blocked efforts to dismantle the CFPB, citing the group’s argument multiple times throughout the 112-page ruling. The Task Force was also able to effectively prevent the Trump Administration from dismantling the Department of Education, filing another such brief that led to a federal court demanding the immediate rehiring of unlawfully terminated staff. House Democrats have so far filed eight amicus briefs in cases against Administration lawlessness. 

For more information on House Democrats efforts to protect Americans against the unlawful actions of the Trump Administration, visit litigationandresponse.house.gov. 

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