The citizenship clause of the 14th Amendment simply says: "All persons 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 Trump's EO purports to add conditions to the birthright citizenship clause by stating two different situations where a person is not a U.S. citizen at birth: When the mother was unlawfully present in the U.S. and the father was neither a U.S. citizen nor a lawful permanent resident when the person was born; or when the mother was in the U.S. lawfully but on temporary status, such as a student visa, work visa, tourist visa or under the Visa Waiver Program, and the father was neither a U.S. citizen nor a lawful permanent resident when the person was born. These exceptions apply to anyone born after February 20, 2025. Several courts have held the EO to be blatantly unconstitutional and enjoined its application, but SCOTUS said those courts' injunctions don't apply nationwide but only within their jurisdictions, meaning the EO is still blocked in Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington and Wisconsin - that is, states which have Democratic attorneys general. In the remaining states, Trump's order can go into effect 30 days after Friday's ruling, pending any further legal action. SCOTUS will have to decide the question, and to uphold the EO they will have to interpret the plain language of the 14th Amendment as meaning something other than what its words seem to say. The issue seems to have been pretty well resolved back in 1898 in the case of United States v. Wong Kim Ark, https://perma.cc/C5PG-SQSP where the court held that a person born in the US to Chinese parents was a citizen despite the current law limiting the immigration of Chinese people. The language of that case cites so much history and English common law supporting the doctrine that a person born within the boundaries of a country by operation of law and custom becomes a citizen of that country, that even the troglodytes on the current SCOTUS should be satisfied (but you never know with that bunch).
In the meantime, though, babies born after February 20 are US citizens in half of the states but might not be in the other half, at least pending further proceedings.
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