Protecting the Value of American Citizenship
In the case of Washington v. Trump1 (Western District of Washington, Case No. 2:25-cv-00127), the Silent Majority Foundation (SMF) has joined an amicus brief alongside 18 states, including Iowa, Alabama, Arkansas, Florida, Idaho, Indiana, Kansas, Louisiana, Missouri, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Utah and Wyoming in support of President Trump’s Executive Order Protecting the Meaning and Value of American Citizenship.2 The crux of the brief is that the Plaintiffs take an expansive reading of the Citizenship Clause of the 14th Amendment, which reads “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
SMF signed on to this amicus brief as the Citizenship Clause is not clearly defined, it is not a settled matter, and this is an opportunity to seek the court’s review of an important Constitutional issue. Last month (January 2025), a federal judge in Virginia observed “just how unsettled the term ‘subject to the jurisdiction of the United States’ remains.’” United States v. Pahlawan3, 2025 WL 27779, at *6 (E.D. Va. Jan. 3, 2025). This is an opportunity to have that matter settled. The brief seeks clarification of the Citizenship Clause by addressing its history and discussing the intent of the Clause and noting it is much narrower than the Plaintiffs’ interpretation. The brief also cites the current and future costs and impacts associated with illegal immigration, birth tourism, and the granting of citizenship to children born in the US to non-citizens as highly problematic for the States that signed onto the brief. The brief closes noting that the “States have been, and will continue to be, harmed by the Citizenship Clause interpretation advanced by Plaintiffs.”
SMF General Counsel Pete Serrano emphasized the importance of the case, stating,
“This is a pivotal moment in our Nation’s history to address a critical constitutional question. When a Constitutional amendment ratified more than 150 years ago remains a source of sharp debate, it is essential for the courts to provide clarity. Through this brief, SMF and 18 states are asking the court to clarify the Citizenship Clause of the 14th Amendment.”
This case represents a vital opportunity to establish a more precise understanding of a fundamental constitutional provision, ultimately shaping its application in America.
Case Documents
To access our filing and related case documents, as well as support our work to protect constitutional rights, visit the link below:
https://www.silentmajorityfoundation.org/ProtectingCitizenship
We look forward to keeping you all updated on this case as it moves forward!
I joined the SMF because I'm a firm supporter of the 2A and the SMF is in the forefront of this struggle. But I'm not supporting at all using a dubious stance on what IS a settled matter in the 14th, siding with trump on this.
While many countries around the world grant automatic citizenship based on jus sanguinis, that's not the case in the US where jus soli is the established law.
You're taking a stance on the wrong side of history and I'm sorry to be pushed to withdraw my support of the SMF and actively campaign against joining the SMF if you're venturing into places many 2A supporters cannot follow. Rethink your stance on this, I urge you.