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This is a good idea, not all children born to non citizens in the US become citizens. For example Embassy and counselate personnel, military, those here at the behest of their government are welcome to bring their wives, legally, but their children are not citizens because they aren't considered subject to the jurisdiction of the US government. No, there are no safeguards in place to prevent them from being issued at birth. Hospitals follow a don't ask don't tell policy, but the law says diplomat's children are not citizens. Native Americans were not citizens even if born off reservation until legislation was passed in the 1920s, nearly 50 years after the 14th amendment.

I doubt an executive order will pass muster, Congress probably needs to act, but it's a good start.

I doubt an executive order will pass muster, Congress probably needs to act, but it's a good start.

I think it depends on how it is worded. Only Congress has the power to "establish a uniform rule of naturalization," and the Constitution itself determines who is a natural born citizen. But President does have the power to state his opinion that the children of illegal immigrants are not legally citizens and order the executive branch to treat them accordingly--for example, he can order the State Department not to issue passports to such people, or to indicate on their passports that they are not citizens.

All that will, of course, prompt a challenge in court as to whether these people actually are citizens or not.