Dr. Bradley Jacob, a constitutional expert at Regent University School of Law said, "Well, in my view the president's ability to change the law through executive orders is pretty limited". It's in the process.
Section 1, which contains the Citizenship Clause, of the 14th Amendment guarantees that right for all children born in the U.S.
The interview was released after Trump told Fox News that Central American migrants who are approaching the U.S. -Mexico border in caravans are "wasting their time" and vowed, "they are not coming in". A lot of them do not offer automatic birthright citizenship, but the U.S.is not the only who does.
As it stands, children born to non-US citizens on American soil have the right to USA citizenship in almost all circumstances.
However, a few years later, in 1898, the court ruled in the case of a Chinese immigrant couple's child, stating that the child was entitled to citizenship because of being born in the United States to parents with permanent domicile.
Vice-President Mike Pence said the plan may not be unconstitutional, telling Politico in an interview that while "we all cherish" the 14th amendment, the nation's top court has not weighed in on the issue entirely.
There are more than 30 countries around the world that also have birthright citizenship, including Mexico and Canada.
Trump claimed that the USA was unique in granting birthright citizenship.
"When they are captured, we don't let them out", Trump said. The children, as citizens, can then sponsor their families to become U.S. citizens as well once they turn 21. The Law of Return, in place since 1950, allows any Jew the right to immigrate to Israel and become a citizen.
Diaz-Balart, meanwhile, said "I strongly disagree with the proposed executive order. Guess what? You don't", Trump said.
Omar Jadwat, director of the Immigrants' Rights Project at the American Civil Liberties Union in NY, said Tuesday said the Constitution is very clear.
A San Diego sociologist John Skrentny told NPR in 2010, the U.S.is an anomaly in the world when it comes to this issue.