Ted Cruz Files Amicus Brief Challenging Birthright Citizenship

U.S. Senator Ted Cruz (R), Chairman of the Senate Judiciary Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights, has filed an amicus brief in the Supreme Court cases Trump v. Washington and Trump v. Barbara.

The brief argues that the Fourteenth Amendment's Citizenship Clause does not grant automatic citizenship to children born in the United States to parents who are illegally present.

"Birthright citizenship is an abuse of our system and is an incentive for illegal immigration. It is unconstitutional, undermines the value of U.S. citizenship, and is contrary to the original meaning of the Fourteenth Amendment," said Cruz. "I hope the Supreme Court will affirm that American citizenship is reserved for those who abide by and uphold our laws."

The amicus brief comes as the Supreme Court considers challenges that could redefine how citizenship is interpreted under the Fourteenth Amendment.

Cruz's filing aligns with his long-standing position that the current interpretation of the Citizenship Clause encourages unlawful immigration and extends benefits beyond the intent of the framers.

In January, Cruz joined Senators Lindsey Graham (R-SC) and Katie Britt (R-AL) in introducing the Birthright Citizenship Act of 2025. The proposed legislation would have stopped the practice of granting citizenship to children of illegal immigrants and children of non-immigrants in the U.S. on temporary visas.

Cruz and his colleagues seek to limit automatic citizenship to children born to parents who are lawful residents or citizens, reshaping a long-standing principle of U.S. immigration and constitutional law.