Rep. Matt Gaetz introduced legislation that would end birthright citizenship for children born in the U.S. to non-citizen parents. Currently, the 14th Amendment grants citizenship to all born in the U.S., including children of undocumented immigrants and those on temporary visas. However, Gaetz claims this has enabled fraud and misrepresentation, with estimates of 33,000 births annually to women on tourist visas. While the Supreme Court has upheld birthright citizenship, experts say a president cannot end it through executive action alone. Gaetz’s bill aims to preserve the “sanctity of American citizenship” by ensuring it is earned through legal migration.
This is unconstitutional and based on incorrect comprehension of the 14th amendment. Gaetz is specifically leaning on the “and subject to” part in "born or naturalized in the United States, and subject to the jurisdiction thereof.”
However, this is clearly referring to exclude children born to diplomats who are not subject to jurisdiction because of diplomatic immunity. The exclusion does not apply to children born to undocumented immigrants.