Andy Biggs backs bill that would codify Trump’s executive order to end birthright citizenship

PHOENIX — President Donald Trump’s attempts to end birthright citizenship are receiving a round of applause from Arizona’s Republican Rep. Andy Biggs.

But Biggs is doing more than cheering from the stands. He’s joining the field by cosponsoring a bill to codify the executive order Trump signed upon taking office on Monday. Fellow Arizona Republican Rep. Elijah Crane also signed on as a cosponsor for the legislation, which was introduced by Rep. Brian Babin of Texas.

“It’s an important piece of legislation,” Biggs said during a Thursday news conference.

Trump’s campaign to end birthright citizenship faces legal challenges

However, Trump’s order is the subject of five lawsuits involving 22 states, including Arizona, and several immigrant rights groups.

A federal judge in the Arizona case, which includes Washington, Oregon and Illinois, temporarily blocked the executive order on Thursday.

The arguments against Trump’s order cite the 14th Amendment, which was ratified in 1868 and has been the longstanding basis for granting citizenship to anybody born on U.S. soil, regardless of the parents’ status.

Arizona Attorney General Kris Mayes said she expects the case to reach the U.S. Supreme Court.

If the nation’s high court rules against Trump, the current birthright citizenship standard could only be changed through a new constitutional amendment, rendering the executive order and any similar potential laws moot.

But if SCOTUS approves of Trump’s order to end birthright citizenship, a bill like the one Biggs is supporting would make it more difficult to revive the current standard after Trump is out of office.

Why does Andy Biggs support bill to end birthright citizenship?

Biggs, who is considering a run for governor in 2026, disagrees with the notion that Trump is challenging the Constitution.

He believes that the language of the constitutional amendment simply needs to be reevaluated, as its interpretation over the past century has led to misuse.

“If the framers of the 14th Amendment would have known how abused the notion of birthright citizenship would be, which was not even a notion in the 1860s, they would have been absolutely stunned,” Biggs said.

The Framers of the 14th Amendment would be appalled at how abused the notion of “birthright citizenship” is today.

The privilege of United States citizenship is a priceless and profound gift.

It should not be granted to those who abuse our laws. pic.twitter.com/4avBB03LQn

— Rep Andy Biggs (@RepAndyBiggsAZ) January 23, 2025

One common argument supporters of birthright citizenship use is the fact that a 1898 Supreme Court case called U.S. v. Wong Kim Ark established precedent. The case centered around a 21-year-old son of Chinese immigrants who successfully fought for his right to be seen as a U.S. citizen.

However, Biggs believes that precedent is limited to situations where the parents have the same immigration status as in the Wong Kim Ark case.

“The people who support birthright citizenship turn off into the Wong Kim Ark case, but they forget what that case really stands for is ‘permanent legal resident,'” Biggs said.

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