- Does President Trump have the power

to strike a blow to birthright citizenship

which is backed up by the 14th Amendment,

with the stroke of his pen?

That depends on who you ask.

- [Narrator] Dr. Bradley Jacobis a constitutional expert

at Regent University School of Law.

- In my view, the president'sability to change the law

through executive ordersis pretty limited.

The question then really becomes,

can we treat childrenof illegal immigrants

as being not subject to the jurisdiction

of the United States?

Constitutional scholarsdiffer on that question.

What he's doing is forcing a court battle.

- [Narrator] Tom Fittonof Judicial Watch says

the president's idea is worth considering.

- I think we just have to bevery direct in asking questions

as to whether or notbirthright citizenship

is a bridge too far in termsof benefits to illegal aliens.

- [Narrator] Even thefuture democratic senate

majority leader argued in 1993

that no sane country wouldallow birthright citizenship.

- If making it easy to be anillegal alien isn't enough,

how 'bout offering a rewardfor being an illegal immigrant?

No sane country would do that, right?

Guess again.

- [Narrator] PresidentTrump announced his plan

on AXIOS on HBO which airs November 4th.

- [Interviewer] On immigration,some legal scholars believe

you can get rid of birthright citizenship

without changing the constitution.

- With an executive order.

- Exactly.- Right.

Have you thought about that?- Yes.

- Tell me more.

- [President Trump] Itwas always told to me

that you needed aconstitutional amendment.

- Right, 14th Amendment.- Guess what?

- You don't.- You don't.

- Number one, numberone you don't need that.

- Number two--- I mean that's in dispute.

That's very much in dispute.

- Well, you can definitely doit with an act of Congress,

but now they're saying I can do it

just with an executive order.

- [Narrator] But the topRepublican in Congress said

the President does not have that power.

- [Paul Ryan] Well youobviously cannot do that.

You cannot end birthright citizenship

with an executive order.

We didn't like it whenObama tried changing

immigration laws via executive action.

I think in this case, the 14thAmendment is pretty clear.

- [Narrator] The backdrop(shouting)

for the President's threat

to end birthright citizenship is this:

the caravan of illegal migrants

approaching the US/Mexico border.

And a midterm election where

addressing the illegalimmigration has huge appeal

for the President's base.

- I wish I could just tellthem, and I say it, "taravan".

Turn around, you're not coming in.

You're not coming in I'm sorry.

(Applause)

- [Narrator] The President is sending

more than 5,000 active dutytroops to the border to stop it.

- If the President doesspark a court battle

over the 14th Amendment,

one of the questions forthe court is fairly easy.

Does a law written tohelp freed slaves already

in the United States applyto illegal foreigners?

Dale Hurd CBN News.