Former President Donald Trump has proposed ending birthright citizenship, which grants U.S. citizenship to anyone born in the United States. This right is enshrined in the 14th Amendment of the Constitution, which states that anyone born or naturalized in the U.S. and subject to its jurisdiction is a U.S. citizen. However, Trump has criticized the practice, particularly targeting foreign women who visit the U.S. to give birth and confer citizenship to their children.

While the Supreme Court has not ruled on whether birthright citizenship applies to children of individuals in the U.S. illegally, there is a historical case from 1898, Wong Kim Ark, where the court affirmed birthright citizenship for a child born to Chinese immigrants.

Opponents of birthright citizenship argue that the 14th Amendment’s phrase “subject to the jurisdiction” excludes children born to parents who entered the U.S. illegally. Some Republican lawmakers have pushed bills to define U.S.-born children of undocumented immigrants as not subject to U.S. jurisdiction.

Trump has suggested he could issue an executive order to redefine birthright citizenship, potentially requiring that at least one parent be a U.S. citizen or permanent resident. However, legal experts believe such an executive order would likely be blocked by the courts, and the issue could eventually reach the Supreme Court. If the Court upholds birthright citizenship, only a constitutional amendment could change it, a process that would take years.