Birthright Citizenship

Benjamin Brown at Fox News:

President Trump said in a newly released interview he plans to sign an executive order ending so-called "birthright citizenship" for babies of non-citizens born on U.S. soil -- a move that would mark a major overhaul of immigration policy and trigger an almost-certain legal battle.

Birthright citizenship allows any baby born on U.S. soil to automatically be a U.S. citizen.

The policy, which stems from a disputed but long-recognized interpretation of the 14th Amendment, has given rise to what Trump considers abuse of the immigration system. Trump told "Axios on HBO" that the U.S. is the only country in the world "where a person comes in and has a baby, and the baby is essentially a citizen of the United States ... with all of those benefits."

Despite Trump's claim, the U.S. is not the only nation to have birthright citizenship, but the policy is rare outside of the Americas. Trump called birthright citizenship "ridiculous" and said that "it has to end."

Under current policy, anyone born in the U.S. – regardless of whether they are delivered by a non-citizen or undocumented immigrant – is considered a citizen. The interpretation has been blamed for so-called 'birth tourism' and chain migration.
The 14th Amendment states: "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

Trump, should he pursue the executive order, would face court challenges, and it remains unclear whether he could prevail. Many legal scholars would argue such a change requires a constitutional amendment. But some conservatives argue the existing amendment holds room for interpretation.