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Right citizenship which is in the 14th amendment. what are the plans for that? >> i notice that you worked that it is in the 14th amendment many constitutional scholars would wholeheartedly disagree with that. most americans think it's crazy that you can come across-the-boarder say perhaps -- reporter: what do you plan to do about it? >> we're looking at all legal option but the key point i want to leave you with today is that many legal scholars believe that the phrase subject to the jurisdiction thereof, doesn't apply to people on a temporary basis or here illegally and to the point would be...

You're born in this country isn't as black and white as it appears. it's nuanced and addressed again and again. the 14th amendment as i'm reading it here for you listen, all person born and naturallized in the united states and subject to the jurisdiction there of are citizens of the united states and of the state wherein they reside. your point is there's latitude for the president to say we've got to look at that. >> there's considerable latitude and considerable confusion about this topic. when the 14th amendment was written after the civil war, it was intended to deal with the slaves that ...

Well, what about all the-- those who are born here that are of indian tribes, are they going to be citizens of the united states? so they added the phrase subject to the jurisdiction thereof for the purpose of making that precise distinction, that meant not merely abiding by the traffic laws within the country, it meant political allegiance, to whom are you allegiant. you can't have allegiance to another country and be given citizenship by mere birth. that was not their understanding at the time of the 14th amendment. neil: nor was it their understanding we would have illegals gain access to t...

The idea, as this little run around, that the phrase subject to the jurisdiction thereof changes things, because illegal people, they're not subject to the jurisdiction. really? then why can you have i.c.e. round them up like stray cats? the reason you can is because they are subject to your jurisdiction. lastly, as a matter of fact, trump saying today that what he wants to do is okay because that's what obama did? he hated what obama did. listen for yourself. >> president obama signed daca. when he signed it he said i'm really not allow today sign this, i'm going to sign if anyway. presiden...

When a president passes a regulation or congress passes a statute and you argue that maybe this isn't consistent with the 14th amendment, you might read it the way jeffrey does. i read it the way i believe the drafters of the 14th amendment intend it. then you go to court and the courts will tell us what the actual meaning of the phrase subject to the jurisdiction thereof means. so it will certainly go to court no matter what. >> we agree on that. >> jeff, if the president, though, were serious about changing this, and i have no reason to believe he's not, isn't the way to do it to get congres...