But while the question of whether President Trump can stop birthright citizenship for children born to illegal immigrants with an executive order is important - it depends on which reading of the 14th amendment you subscribe to - more timely perhaps is the question of whether or not he should.
But Trump said he has talked to his legal counsel and was advised he could enact the change on his own, contrary to the view of many constitutional experts.
The 14th Amendment, ratified in 1868, grants citizenship to all persons born or naturalized in the United States.
"It's ridiculous. It's ridiculous".
"What this president is saying is, 'I am king and I am going to change this because I want to.' And so, here we go", Little said. "Guess what? You don't", Trump told Axios in an interview published Tuesday morning.
Senator Chris Coons, a Democrat on the Senate Foreign Relations Committee, said declared President Trump was "driving a false narrative on immigration" to stoke fear ahead of the November 6 midterm vote.
Trump doesn't believe that should necessarily apply to the American-born children of undocumented immigrants.
Trump Agrees With then-Senator Obama's Illegal Immigration Assessment
Trump was referencing a video that captured a speech Obama made on the Senate floor in 2006, two years before he became president. Obama also touted the campaigns of Nevada gubernatorial candidate Steve Sisolak and U.S.
However, the legal challenges to such an executive order would force the courts to decide on a constitutional debate over the 14th Amendment.
"If he signs an executive order, before the ink is dry, there will be an injunction", he said, giving it "less than a 50-50 chance" of holding up in the Supreme Court even if Congress passes a new law.
He said: "You can definitely do it with an act of Congress".
The 14th Amendment has its roots in slavery.
Several other countries, including Canada, have a policy of birthright citizenship.
The 14th Amendment guarantees that children born in the United States have a right to U.S. citizenship.
His comment comes as a massive wave of immigrants from some Latin American countries traverse through Mexico to reach the United States border, where Trump's administration has deployed 5,200 troops to stop the immigrants from entering the country.
Axios said its full interview with Trump will air on Sunday evening, eastern U.S. time. Birthright citizenship allows any baby born on US soil to automatically be a USA citizen.