America First Legal filed an amicus brief in the Supreme Court on behalf of U.S. Senator Ted Cruz, Representative Jim Jordan, Senator Tim Sheehy, and other congressional members supporting President Trump’s Executive Order 14160 on birthright citizenship.
America First Legal filed the brief in partnership with Boyden Gray PLLC to support petitioners in Trump v. Barbara. The brief argues that United States v. Wong Kim Ark applies only to children of lawful residents and that jurisdiction requires complete allegiance. It states that the Constitution assigns citizenship policy to Congress. The filing urges the Supreme Court to uphold the order and restore constitutional limits.
Sheehy joined the amicus brief and is a co-sponsor of the Birthright Citizenship Act of 2025. The bill requires at least one parent to be a U.S. citizen, lawful permanent resident, or serving in the Armed Forces for a child born in the U.S. to receive citizenship. According to the Migration Policy Institute in 2023, approximately 100 children were born in Montana to parents without legal status. The legislation addresses incentives for unlawful migration in western states like Montana.
Estimates indicate 225,000 to 250,000 children were born to illegal immigrants in the U.S. in 2023. This accounts for close to 7 percent of all births that year. The figure exceeds births to legal noncitizens. The Center for Immigration Studies reports that such births occur under the current interpretation of birthright citizenship.
America First Legal Foundation is a nonprofit law firm founded in 2021 by Stephen Miller and Gene Hamilton. It defends the rights of Americans against government overreach through litigation and accountability efforts. Gene Hamilton serves as president, with a background as Deputy White House Counsel, while Stephen Miller is co-founder and former Senior Advisor to President Trump. The organization has pursued cases on immigration, executive actions, and rule of law issues.
