Many constitutional law experts believe an executive order alone would not change how birthright citizenship is applied in the U.S.
U.S. President Donald Trump says he wants to deny citizenship to babies of non-citizens and unauthorized immigrants who were born in the U.S. "Guess what? You don't", Trump told Axios. The president revealed his plans during an interview with Axios, which aired on the morning of October 30.
The 14th Amendment, ratified in 1868, grants citizenship to all persons born or naturalized in the United States.
Mr Trump also said it was "ridiculous" that you get citizenship if you are born in the United States and not a citizen.
Trump's remarks mark another escalation in his hardline stance on immigration ahead of United States midterm elections on November 6 that could see the Democrats regain some degree of power. There are several countries that have birthright citizenship: Brazil, Jamaica, Argentina, Canada, among others.
"There's a clause in the middle of the amendment that people ignore or they misinterpret - 'subject to the jurisdiction thereof, '" Michael Anton, a former national security adviser for Trump, explained recently, as Fox News noted. So far, according to NPR, the courts have held up that it does except for children born to foreign diplomats.
"It was always told to me that you needed a constitutional amendment".
In an interview with Axios published on Tuesday morning, Trump called the practice of giving citizenship to all children born in the United States "ridiculous" and announced his plans to sign an executive order banning it.
"Well, this is just more of the same of what he has been saying, taking babies out of the arms of their moms, putting them in cages, warning about a caravan that's over 1,000 miles away", Pelosi said on "The Late Show" Tuesday.
Such a practice to give citizenship to anyone born in the U.S.is "ridiculous", Mr. Trump said. Under the current law, when the children, born to the unauthorised citizens in the United States, turn 21 they can sponsor their families also for becoming U.S. citizens. Congress has all but abandoned their duty to make law in this area, punting the ball to the executive branch where the application of the law varies with whoever happens to be occupying the White House in the moment. The issue revolves around how the 14th Amendment is interpreted, and Axios notes that any such move by the president would be quickly challenged in court. He said he could change Amendment 14 with a simple executive order.
Pelosi, D-Calif., said it would be unconstitutional to rescind birthright citizenship through an executive order.
Wong said there will be even more fear within the immigrant community.