He's talked about it before, in his first term and on the campaign trail for his first term.
It rests on the argument that the 14th amendment says all persons born or naturalized in the United States, and subject to the jurisdiction thereof are citizens. "Birthright citizenship" completely ignores that "subject to jurisdiction" part. But if you apply that portion, which is clearly written in the amendment, then someone born here who then flies back to China (or wherever) at age 1 would obviously not be subject to the jurisdiction of US and state laws, and wouldn't be a citizen.
So it's basically a reinterpretation of existing law.
He's talked about it before, in his first term and on the campaign trail for his first term.
It rests on the argument that the 14th amendment says all persons born or naturalized in the United States, and subject to the jurisdiction thereof are citizens. "Birthright citizenship" completely ignores that "subject to jurisdiction" part. But if you apply that portion, which is clearly written in the amendment, then someone born here who then flies back to China (or wherever) at age 1 would obviously not be subject to the jurisdiction of US and state laws, and wouldn't be a citizen.
So it's basically a reinterpretation of existing law.
Some countries don’t have extradition agreement with the US, hence the criminals (e.g. with dual citizenship) are not subject to jurisdiction….