The Justice Department then goes on to cite the Civil Rights Act of 1866, which predates the 14th Amendment by two years. The Justice Department attorneys specifically cite a section of the act that notes that “all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States.”
The Trump administration then goes on to argue that the 14th Amendment’s language — the phrase “subject to the jurisdiction thereof” — is best understood “to exclude the same individuals who were excluded by the Act —i.e., those who are ‘subject to any foreign power’ and ‘Indians not taxed.’”
The Justice Department attorneys return to the topic of whether or not Native Americans should be entitled to birthright citizenship later in their arguments, citing a Supreme Court case, Elk v. Wilkins, in which the court decided that “because members of Indian tribes owe ‘immediate allegiance’ to their tribes, they are not ‘subject to the jurisdiction’ of the United States and are not constitutionally entitled to Citizenship.”
"In September, Trump made a bold campaign promise to the Lumbee Tribe during a rally, vowing to grant them federal recognition if reelected. Speaking at the Aero Center near Wilmington International Airport in North Carolina, Trump addressed a crowd of supporters, including John Cummings, a Lumbee Tribe member and Robeson County board commissioner.
"The Lumbee Tribe has been wrongfully denied federal recognition for more than a century," Trump declared. "But now we're going to take care of it. We'll take care of it right at the beginning.""
When Kamala Harris and Donald Trump campaigned in North Carolina, both candidates courted a state-recognized tribe there whose 55,000 members could have helped tip the swing state.
Trump in September promised that he would sign legislation to grant federal recognition to the Lumbee Tribe, a distinction that would unlock access to federal funds. He ultimately won North Carolina by more than 3 percentage points, in part due to continued support from Lumbee voters.