Excerpt:
PROTECTING THE MEANING AND VALUE OF AMERICAN CITIZENSHIP
EXECUTIVE ORDER
January 20, 2025
But the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States. The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not “subject to the jurisdiction thereof.” Consistent with this understanding, the Congress has further specified through legislation that “a person born in the United States, and subject to the jurisdiction thereof” is a national and citizen of the United States at birth, 8 U.S.C. 1401, generally mirroring the Fourteenth Amendment’s text.
Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States: (1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.
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From Trump's first term in office:
Ending Birthright Citizenship Is Constitutional
9 Nov 18
[2:59]
President Trump says that the 14th Amendment to the Constitution does not require universal birthright citizenship and he is right. Here’s why.
And now in his second term:
House Republicans want to end US birthright citizenship with legislation
23 Jan 25
[1:15]
Republican members of Congress say they want to codify President Donald Trump's order aimed at ending birthright citizenship in the United States. (AP Video: Rick Gentilo, produced by Serkan Gurbuz).
A federal judge temporarily blocks Trump’s executive order redefining birthright citizenship: https://bit.ly/4hKYjC3
14th Amendment DOES NOT Guarantee Birthright Citizenship': Amy Swearer
23 Jan 25
[8:47]
Amy Swearer, a legal fellow at Heritage Foundation, explains how the 14th Amendment doesn't guarantee birthright citzenship.