
Much has been written about President Trump's executive order concerning birthright citizenship. I'll add a few thoughts here. First, this order did not tie the denial of birthright citizenship to the invasion order. Rather, it is far broader. A child born to any mother who is not lawfully present, or a mother who only lawfully present for a temporary period, would not be a birthright citizen. This position can be refined in the inevitable litigation. Second, the order only applies prospectively to children born 30 days after the issuance of...