Under current US law if you are born within the borders of the United States you are automatically a US citizen under the 14th Amendment of the US Constitution.

This law is also applicable even if both parents are in the US illegally.

There is an incentive for people to enter the country illegally for the sole purpose of having a child which could allow them to permanent residency in the US.

The 14th Amendment

The 14th Amendment to the U.S. Constitution, ratified in 1868, granted citizenship to all persons born or naturalized in the United States—including former slaves—and guaranteed all citizens “equal protection of the laws.” One of three amendments passed during the Reconstruction era to abolish slavery and establish civil and legal rights for black Americans, it would become the basis for many landmark Supreme Court decisions over the years.

There also needed to be a provision for American Indians as well.

President Trump has said he is proposing an Executive Order that would remove the right to citizenship for children of non-citizens and unauthorized immigrants born within US borders.

Some Final Thoughts

No one would ever confuse me with a Constitutional Scholar so the following is strictly my opinion.

I doubt the courts will accept an Executive Order can override an amendment to the US Constitution.

Personally, I believe that children born anywhere in the world should automatically be citizens of the parent’s home country.

That would eliminate a lot of confusion. At worst duel citizenship could be conferred.

John McCain was born in Panama, yet he was a US citizen since both parents were US citizens. There is some dispute as to whether he was born on a Military base which would be US territory or a hospital off base.

Either way the Senate voted him to be a lawful citizen and he became a presidential candidate.

What’s your opinion?