From the Desk of Stephen Miller | President, America First Legal
It has been a mere six months since we founded America First Legal Foundation and yet, despite being one of the youngest and leanest new organizations, we are already having among the greatest real-world IMPACT. Crucially, that impact is in service of America First principles, and timeless American values, upon which the future of our whole Republic depends.
There are two primary reasons for our early success to date: first, our understanding that legal action is the single most important and effective mechanism we have right now to protect our way of life; and second, our fearlessness in pursuit of justice.
We have turned the legal tables on the radical left. We are fighting hard, early, aggressively and unreservedly to defend our rights and defeat lawless executive action. As I said from the outset, we are the conservative answer to the ACLU. Of course, it will take time and the generosity of many patriots like you to achieve that objective—but achieve it we must.
In this letter, I would like to revisit the incredible array of pro-American legal activity we’ve launched to date, and to preview what is to come. When you support America First Legal, you can take great pride—and enormous confidence—in knowing that your contributions are being used to wage existential legal battles, vital showdowns in federal court, and hard-hitting legal oversight on the most vital issues confronting our nation. We are in the arena, every day, using our collective skills and experience (including as former senior executive branch officials) to fight the unlawful conduct of the Biden Administration.
We are standing between you and an Administration dedicated to the erasure of our rights, liberty, security, prosperity and sovereignty. And we will use every resource we have and which you afford us to face down that awesome challenge with unyielding determination; a determination borne of absolute moral conviction.
All that we have achieved, all that we have set in motion to achieve, is made possible by you. Here is a sample of how we have turned your support into real-world action.
National Security and American Sovereignty
Every country has the right to establish rules for entry and admission, to enforce and uphold those rules, and to fully control its borders. This is the essence of what it means to be a nation. And yet, the Biden Administration—in a manner that has no precedent in modern history—has worked systematically to eradicate our territorial boundaries, unconstitutionally suspend our immigration laws, and demolish our national sovereignty. America First Legal has been the tip of the legal spear, and the principal outside legal strategist, in fighting back:
● We are serving as outside counsel to the State of Louisiana on a lawsuit that stopped a portion of President Biden’s anti-ICE directives that shielded criminal aliens
● We advised on a Texas-led lawsuit that resulted in the court ordering the reinstatement of the Migrant Protection Protocols (“Remain in Mexico”)
● We are serving as Outside Counsel to the State of Texas in a case seeking to enjoin “Catch-and-Release” on the Southwest Border
● We are closely advising several states on vital immigration-related litigation, playing a key role in developing legal and honing legal strategies and new lines of attack
Using our in-depth experience in the arena of Homeland Security, we filed multiple requests for information (FOIA requests) with the Departments of Homeland Security, Justice, and State to expose, document, and uncover their violations of law and assaults on public safety. And we have already filed one lawsuit to seek judicial enforcement of a crucial homeland-related FOIA request.
Equal Rights/Civil Rights, Critical Race Theory
America First Legal is a civil rights organization, and we have been on the ground floor of legal efforts to fight Critical Race Theory and the Biden Administration’s “equity” agenda. Equity is the left’s term of choice for putting the ideas of CRT into practice through government policy—punishing, excluding, categorizing and separating Americans based on race and skin color in violation of the United States Constitution. We have made significant progress in fighting this state-sanctioned racism:
● We obtained a preliminary injunction halting the Biden Administration’s unconstitutional program giving debt relief to American farmers and ranchers based solely on their skin color
● We obtained a preliminary injunction halting the Biden Administration’s unconstitutional program that effectively prevented American restaurateurs from obtaining access to federal funds based on their skin color—and now we are seeking damages on behalf of additional restaurant owners and operators
● We helped pressure the Department of Education to withdraw its requirement that grant recipients teach the 1619 Project’s distorted view of American History
We are also pursuing information about Secretary of State Anthony Blinken’s dangerous invitation to the UN to investigate “systemic racism” in law enforcement in the United States; NASA’s quest to incorporate CRT into the space program; and, the Department of Education’s use COVID-19 funds to promote “Antiracist Theory,” which falls under the umbrella of Critical Race Theory.
As a civil liberties organization, we are powerfully committed to free speech – and opposed to woke progressive cancel culture. To defend our First Amendment freedoms, we have:
● Filed a FOIA request with the Department of Justice as a response to Attorney General Merrick Garland’s October 4, 2021, memorandum calling American parents domestic terrorists for speaking out against CRT and extreme gender ideology indoctrination
● Filed a formal request for an investigation by the Department of Justice’s Inspector General of the origins of Attorney General Merrick Garland’s October 4, 2021, memorandum
● Requested information about Attorney Garland’s family financial connections to CRT; and
● Filed FOIA requests to uncover the scope and extent of the coordination between the government and Big Tech after the Biden Administration acknowledged it directed Big Tech to censor speech on their platforms
American Workers and American Families
We have been involved in a major victory for the pro-life movement, and are fighting several crucial battles on behalf of American workers and families, including by:
● Filing a brief in the recent Supreme Court case that allowed the Texas Heartbeat Act to go into effect
● Appearing before the Supreme Court to defend our clients and the Texas Heartbeat Act
● Intervening on behalf of pro-life advocates to defend the Texas Heartbeat Act in the Biden Department of Justice’s political lawsuit against the State of Texas
● Filing a lawsuit against the Biden Administration for requiring doctors to disregard biological sex when dispensing medical care
● Joining a lawsuit challenging the EEOC’s illegal and unconstitutional policies holding that Title VII prohibits all employment discrimination on account of sexual orientation or gender identity—with no religious exemption
● Joining two lawsuits challenging various portions of Obamacare; and
● Conducting oversight of ICE and HHS to determine why a non-profit with ties to the Obama and Biden Administrations received two no-bid contracts worth hundreds of millions of dollars
We have a robust media presence By utilizing our platform as an organization founded by former high-ranking Trump Administration officials, we are able to reach millions with incredible efficiency and extremely little bureaucracy. AFL uses that reach to educate the American Public about the grave and growing threats to our liberties—and the steps that must be taken to save our country before it is too late.
What you have seen in these pages is only the very beginning. We have launched all of this legal activity, and much more, with just a streamlined staff of talented and dedicated attorneys, and a fraction of the budget of many larger, older and well-established organizations. By starting something new, from scratch, with a clear, direct, straightforward, precise, and vital mission, we are able to be extraordinarily efficient. And by honing and perfecting the same tactics used by the left—except in service of freedom, justice, truth, and the eternal values, principles and heritage of our nation and our civilization—we are able to fill the most critical void in the world of conservative non-profits.
No longer can we tolerate a two-tiered legal system, one that indulges every lawless crusade of the left, but enjoins every proper and lawful activity of those who cherish the Constitution and the American Way. AFL is here to right this wrong, to end this imbalance, to restore the scales of justice, and to chart a relentless but honorable path to true and righteous victory.
President, America First Legal
America First Legal Foundation is an IRS-approved section 501(c)(3) public charity. Your donation to America First Legal Foundation is tax-deductible to the extent allowed by law.