America First Legal Newsletter – October 10, 2025

No organization other than AFL moves with such relentless speed to tackle the relentless challenges to restore America First principles and secure a stronger America for all. See below for updates on our work.

THIS WEEK’S KEY ACCOMPLISHMENTS:

America First Legal Spearheads Landmark Legal Challenge to Unconstitutional 2020 Census

AFL has filed a significant lawsuit challenging the 2020 Census as unconstitutional and unlawful. This cause of action that affects every American accuses the Census Bureau of using statistical gimmicks instead of conducting an actual count of every person to determine the number of representatives in the U.S. House of Representatives, as required by the Constitution.

The Bureau’s use of “Group Quarters Imputation” and “Differential Privacy” led to fabricated and inaccurate data, disproportionately hurting rural communities and conservative states. These flawed methods distorted congressional representation, diluted the votes of lawful citizens, and unfairly shifted political power. AFL is demanding accountability and a return to the rule of law. Americans deserve accurate representation, not government-manipulated numbers.

URGENT: Ten Days Left to Comment on America First Legal’s Petition for a Rule Requiring Proof of Citizenship to Vote

Americans have just ten days left to make their voices heard on AFL’s petition with the U.S. Election Assistance Commission seeking a rule requiring proof of citizenship for federal voter registration. AFL is urging Americans to speak out and submit a comment before the October 20, 2025, deadline, to help secure our elections. 

The proposed rule aims to ensure that only U.S. citizens can vote in federal elections by closing loopholes that allow non-citizens to register. The right to vote belongs solely to American citizens, and now is the time to defend that principle.

Submit your comment here.

America First Legal Urges U.S. Supreme Court to Restore Original Meaning of the Fourteenth Amendment in Brief Filed on Behalf of Chairman Jim Jordan and 17 Members of Congress

AFL, on behalf of 18 members of the House Judiciary Committee, led by Chairman Jim Jordan, has filed an amicus brief urging the U.S. Supreme Court to uphold the original intent of the Fourteenth Amendment. The brief argues that U.S. citizenship is not automatic or a birthright based solely on location, but a privilege that requires lawful presence and total allegiance to the United States. AFL contends that children born to illegal aliens or foreign nationals with no allegiance to America are not constitutionally entitled to citizenship.

The brief makes clear that only Congress—not courts or executive agencies—can grant citizenship, and doing so without proper allegiance undermines the Constitution and national sovereignty.

America First Legal Files Brief Defending President Trump’s Constitutional Authority to Federalize the Illinois National Guard and Restore Order in Chicago

AFL has filed a powerful amicus brief defending President Trump’s clear constitutional authority to federalize the Illinois National Guard in response to growing lawlessness in Chicago. For nearly two centuries, the U.S. Supreme Court has affirmed that the President alone has the discretion to deploy the National Guard when local officials fail to uphold law and order.

Yet Illinois is now urging the courts to second-guess the Commander-in-Chief—despite federal agents facing actual, documented danger on the ground. AFL rightly argues that under longstanding constitutional law and judicial precedent, the President’s actions are lawful, necessary, measured, and not subject to judicial interference.

America First Legal Stands With the American People and the Trump Administration, Files Brief Defending President Trump’s Authority to Federalize the Oregon National Guard

AFL is also standing up for President Trump’s constitutional authority to federalize the National Guard and enforce federal law amid chaos in Oregon in this week’s amicus brief filing in the U.S. Court of Appeals for the Ninth Circuit. The district court’s decision to block this lawful action undermines the President’s duty to protect federal officers, property, and restore order—relying on distorted rationale to empower states over the federal government.
AFL  argues that the President is not subject to judicial micromanagement when acting within his legal authority and discretion. This case is a direct challenge to the Executive Branch’s ability to maintain law and order. AFL urges the Ninth Circuit to reverse the activist court’s dangerous overreach.

America First Legal Reveals Critical Flaws in More Blue State Lawfare Against President Trump’s Birthright Citizenship Order

Following last week’s revelations regarding California, AFL has now uncovered that several left-wing states suing to block President Trump’s Executive Order (E.O.) ending birthright citizenship may also have no actual evidence to back their claims. 

Washington, Oregon, Illinois, and Arizona allege financial harm from the President’s E.O., yet when pressed by AFL, all four states admitted they have no records to support those claims. This suggests their lawsuit is built on political posturing rather than facts. Once again, liberal states and activist judges are trying to obstruct President Trump’s lawful, America First agenda with baseless legal challenges, and AFL is holding them accountable.

Federal Court Grants Blocks Loudoun County Public Schools from Suspending Student Punished for Objecting to a Girl in the Boys’ Locker Room

A federal judge has sided with America First Legal by granting a preliminary injunction against Loudoun County Public Schools (LCPS), halting the unjust suspension of a male student who rightly objected to a biological girl in the boys’ locker room. This ruling by the court concerns AFL’s pending lawsuit against LCPS for its unlawful actions against two male students who were acting within their constitutional rights and pursuant to statutory law when asking why a female student was allowed in the boys’ locker room. One of the students moved out of state due to the actions by LCPS.

The court’s ruling ensures the student in Loudoun County can continue attending school in person and blocks the school district from labeling either student with Title IX “sexual harassment” on their records. This decision reinforces the court’s grant of a restraining order and signals a strong rebuke of LCPS’ radical gender policies. The lawsuit argues that the boys’ rights were violated under the U.S. and Virginia Constitutions, Title IX, and the Virginia Religious Freedom Restoration Act.

AMERICA FIRST LEGAL IN THE NEWS: 

The Daily Signal: Federal Requirement for Proof of Citizenship to Vote Could Arrive

“Election integrity advocates are pushing the U.S. Election Assistance Commission to require documented proof of citizenship for federal voter registration forms. 

More than 15,700 people have made public comments, mostly in support of the rule. The public comment period closes on Oct. 20. America First Legal, a conservative government watchdog, filed the petition with the EAC in July. 

‘There have been important documented cases of noncitizens registered to vote and of noncitizens voting,’ James Rogers, senior counsel to America First Legal, told The Daily Signal. 

‘Thousands have been taken off the voter rolls,’ Rogers continued. ‘But some states don’t check. In most states it’s not a robust system, but an honor system or pinky swear. You check a box yes or no if you are a citizen. If someone were going to illegally vote, they wouldn’t think twice about lying on a form.’”

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