President Trump on Wednesday renewed his threat to cut off automatic birthright citizenship for babies born in the U.S. to illegal immigrant mothers.
“We are looking at birthright citizenship very seriously,” he told reporters at the White House.
He didn’t say what steps he is eyeing, and legal scholars say there are major hurdles — including the Constitution.
The 14th Amendment says “all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States.”
Though the Supreme Court has never ruled specifically on a modern case involving an illegal immigrant, and there is some gray area in the “subject to the jurisdiction” language, most legal scholars who have looked at the issue say they expect the courts would rule the Constitution does grant automatic citizenship, though a minority of scholars say there’s room to maneuver.