He done 2 EOs on it. First one:
Ending Birth Tourism – The White House
Second one :
Continuing to Protect the Meaning and Value of American Citizenship – The White House
This bit here is the headline I think.
"(a) either parent of that person is an alien enemy, defined to include any member of a designated Foreign Terrorist Organization under 8 U.S.C. 1189 or Specially Designated Global Terrorist, consistent with the International Emergency Economic Powers Act, 50 U.S.C. 1701 et seq., and Executive Order 13224 of September 23, 2001 (Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism), as amended;"
This bit here, "under 8 U.S.C. 1189" checking... and ....
"8 U.S. Code § 1189 - Designation of foreign terrorist organizations
U.S. Code
(a)Designation
(1)In generalThe Secretary is authorized to designate an organization as a foreign terrorist organization in accordance with this subsection if the Secretary finds that—"
So that is Rubio then. If he designates Denmark as a terror org, could be interesting. Congress not required ?
And this bit of the second EO overlaps with the first : "(c) either parent of that person engaged in a commercial transaction to purchase or access birthright citizenship for the person, or engaged in fraudulent activity to obtain citizenship, to include:"
I have no skin in this. But the US constitution is totally clear on 2 things so far as I can see. Birthright citizenship, AND.... how to change the Constitution.
This bit is worth a look:
"(d) the person is born in a territory or territorial waters of the United States where citizenship is not conferred by Federal statute."
Just checked to see if Puerto Rico is ok, and yes ok. Since 1941.
But American Samoa are in the shit. There is no federal statute I can see for them. So I expect they have filed papers already.