South Carolina Attorney General Alan Wilson, along with attorneys general from 18 other states, has filed a friend-of-the-court brief in the U.S. Court of Appeals for the Ninth Circuit. The brief supports President Trump’s Executive Order concerning birthright citizenship under the Fourteenth Amendment.
Attorney General Wilson stated, “For decades, open-border policies have placed enormous burdens on states, forcing taxpayers to fund services for individuals who are here illegally.” He added that the executive order aims to restore the original understanding of the Fourteenth Amendment’s drafters and prevent citizenship exploitation by those entering unlawfully. “For too long, politicians have been too scared to address the abuse of birthright citizenship,” he continued, emphasizing that this order brings necessary clarity and enforcement.
The brief argues that President Trump’s Executive Order, titled Protecting the Meaning and Value of American Citizenship, is constitutional. It suggests that a child born in the United States should only receive U.S. citizenship if at least one parent is a lawful permanent resident. This stance seeks to curb incentives driving illegal immigration and birth tourism.
The brief also highlights that the Citizenship Clause was not intended to grant automatic citizenship to children born to non-citizen parents. Initially, it aimed to prevent children of foreign diplomats born in the U.S. from obtaining American citizenship. According to Wilson and his colleagues, recent interpretations have deviated from this original intent amid current immigration challenges.
Underlining concerns about national security and financial strain on state resources due to illegal immigration, Wilson noted significant costs incurred by states such as Texas, which reportedly spends over $850 million annually.
States joining South Carolina in filing this brief include Alabama, Arkansas, Florida, Idaho, Indiana, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, Utah and Wyoming.
