Dozens of media outlets are reporting in unison that Donald Trump cannot stop the U.S. government from awarding birthright citizenship to the children of illegal immigrants. They claim this is the case because the 14th Amendment of the U.S. Constitution requires it.
In reality, the legislative history of the 14th Amendment is clear that it only grants birthright citizenship to the children of people who are legally and permanently living in the United States. This does not apply to the children of illegal immigrants, temporary residents, visitors, or tourists.
The children of such foreigners are currently granted U.S. citizenship and its benefits under a misinterpretation of the Constitution. Although such citizenship could be conferred through legislation, no such law exists.
