This would seem to make US citizenship by birth stricter than even the UK's, which requires at least one parent to have ILR/lawful permanent residence (LPR) in the UK for the child to be born with British citizenship. Trump's version seems to require either both parents to have LPR status, or the father specifically to have US citizenship, for the child to acquire US citizenship at birth.Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States:
(1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or
(2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.
US birthright citizenship is broadly based on the Fourteenth Amendment to the US Constitution as interpreted by SCOTUS in United States v. Wong Kim Ark.
Of course, after the overturning of Roe v. Wade by SCOTUS a few years ago, I can see other SCOTUS judgements being overturned. So I would not put too high an emphasis on precedent. I'd expect a case on this topic getting to SCOTUS in the next legal year (2025-26) or the one following that.
