The Department of Justice has been asked to weigh in on the legal implications of an order ending an automatic right to US citizenship for children born on American soil to illegal immigrants and short-term visitors, The Hill reported.
The move, one of several executive orders under consideration by the Trump administration in its final weeks, would set up an early immigration headache for President-elect Joe Biden — and could spark a legal fight that conservatives have been spoiling for.
The legality of birthright citizenship has been presumed under the language of the 14th Amendment for decades. But it has never been considered by the Supreme Court or confirmed under federal law.
The Trump administration imposed visa restrictions on pregnant women in January in an effort to stamp out “birth tourism” — a lucrative business that promises US citizenship to the children of well-off parents in China, Russia and elsewhere.
Trump frequently railed against birthright citizenship for illegal immigrants during his first presidential campaign in 2016.