[research99]

To clarify my earlier post:

Case 1: A child born to a parent who is visiting the US on a valid Visa, is a citizen of its parent’s country.

Case 2: A child born to a parent who is visiting the US without a valid Visa, is a citizen of the USA.

The statutes covering Visa’s could be rewritten, to grant the rights of “case 1” to the situation of “case 2”.

A simple reclassification of travelers to the US, to extend (certain aspects of) the same treatment provided to Visa holders to “non-Visa holders” would do the trick. No constitutional amendment would be required.

[OldDeckHand]

"A simple reclassification of travelers to the US, to extend (certain aspects of) the same treatment provided to Visa holders to “non-Visa holders” would do the trick."

I think that there might be a little confusion. Birthright citizenship right in America is established under two principles jus soli, and ius sanguinis. Jus soli is what is applicable in your examples. Irrespective of the visa status of the parent, if a child is born on US soil (provided their parents aren't foreign diplomats enjoying diplomatic immunity), then they are US citizens, or so the Supreme Court has held.

Changes to Visa regulation would be immaterial until such time as the Court reverses itself, or a constitutional amendment is passed.

[Lurking Libertarian]

Case 1: A child born to a parent who is visiting the US on a valid Visa, is a citizen of its parent’s country.

...and is also a citzen of the U.S.