No. President Trump does not have the authority as the president to take away the right of any babies born in the U.S. to be U.S. citizens automatically. The President has many powers but not this one--to take away birthright citizenship. He cannot end birthright citizenship. He simply does not have the power.
The Birthright Citizenship law is guaranteed in the 14th Amendment to the United States Constitution to anyone born in the U.S. to be automatically a U.S. citizen regardless of what the immigration status of the parents is. This is also called unrestricted birthplace-based citizenship and the United States has that guarantee in its Constitution. US Constitution grants citizenship to anyone “born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
The President’s executive order ending birthright citizenship states that if the parents of a child born in the U.S. are not Green Card holders (permanent residents) or U.S. Citizens then that child is not a U.S. Citizen. Essentially only children born to U.S. Citizenship or Green Card holders have the birthright citizenship.
The laws of the United States related to Immigration can be changed, modified or temporarily halted but the power of the President is not absolute. Immigration laws can be changed or suspended through laws passed by Congress and Senate (legislatures), or by the President’s Executive Order power, or by agencies through administrative rules.
Legislation by Congress and Senate
Congress can amend or change laws that affect the Immigration and Nationality Act (INA) but Congress can also pass laws that don’t change the INA.
Only Congress or States can take away birthright citizenship. Because birthright citizenship is guaranteed in the United States Constitution, and only Congress or States change or amend the constitution, therefore Mr. Trump does not have the power to take away birthright citizenship. The President of the United States is acting outside of his authority and powers through this illegal executive order.
The President's Executive Orders Power
The President cannot change the law but can tell government agencies on how to enforce immigration law such as Department of Homeland Security DHS, United States Citizenship and Immigration Services USCIS, or the State Department that has the National Visa Center NVC. For example, the President can direct DHS to deport anyone that can be deported under the existing laws instead of prioritizing deportation for only the real bad criminals. Because under existing law anyone illegally present in the U.S. or Green Card holder who commits certain crimes can be deported. But the President cannot change the law or the U.S. Constitution by issuing an order removing birthright citizenship. Only Congress has the power to change laws and only Congress and States have the power to amend the Constitution.
Administrative Rules
Agencies that have been created to enforce and execute the law such as DHS are administrative agencies. DHS can issue rules modifying the application of the law on a limited basis. DHS or USCIS cannot change the law but can make certain modifications to the way the law is implemented. For example, DHS and USCIS can issue rules changing the amount of time a response must be filed with USCIS for a request for evidence or the automatic extension of employment authorization documents, lower or raise USCIS immigration case filing fees. But DHS cannot change the law to take away birthright citizenship.
The President’s executive order ending birthright citizenship is already being attacked by multiple lawsuits filed against the executive order. This is a settled law the President cannot amend or change the constitution. The 14th Amended of the U.S. Constitution guarantees anyone born in the U.S. to automatically be a U.S. citizen regardless of the immigration status of the child’s parents. The President of the United States does not have the power and authority to end birthright citizenship without violating the U.S. Constitution.