"I think in this case the 14th Amendment's pretty clear, and that would involve a very very lengthy constitutional process".
FILE - In this October 27, 2018, file photo, President Donald Trump pauses while speaking at a rally at Southern Illinois Airport in Murphysboro, Ill.
Washington State Attorney General Bob Ferguson says his office will immediately sue the Trump administration if the president follows through on plans to end birthright citizenship by executive order.
Further, the Immigration and Naturalization Act (INA) of 1952, the basic body of USA immigration law, also says that a "person born in the United States who is subject to the jurisdiction of the United States is a U.S. citizen at birth".
The head of the Immigrant Law Center of Minnesota says more than 30 countries, including Canada and Mexico, have birthright citizen laws - and he says the president's plan is not legal.
Kanter also added that only possibility would be for Trump going ahead with an executive order and have it overturned by district courts. In summer 2010, Graham considered introducing a constitutional amendment to change existing law to end birthright citizenship.
"It was always told to me that you needed a constitutional amendment, but you don't".
However, the order has seen widespread backlash amid claims it is against the Constitution.
"A president can not amend Constitution or laws via executive order", Amash tweeted.
The next sentence details protections and rights that apply to everyone in the US, including non-citizens.
The president said White House lawyers are reviewing his proposal, despite some of the backlash. "A foreign national living in the United States is "subject to the jurisdiction thereof" because he is legally required to obey US law". The issue revolves around how the 14th Amendment is interpreted, and Axios notes that any such move by the president would be quickly challenged in court.
"Please don't say that", he told Pelosi.