>>>They are entitled to all the benefits of citizenship, including US passports. This has been the practice for over 100 years.<<<<
Not really, paraphrased and quoted from RedMen:
United States v. Wong Kim Ark is the only scotus case that has been deemed applicable. Ark was born to legal permanent residents in the USA. The Court ruled that birthright citizenship extended to all persons born in the U.S. regardless of the citizenship status of their parents excepting children born of diplomats and children of aliens born in territories occupied by foreign armies.
“The decision is silent with respect to children born to aliens here on temporary visa and to aliens who are here illegally. Indeed, while the decision can be viewed as covering everybody born here except for two exceptions, it is clear that it is assumed that the person born here is body politic of the country, subject to the same rights and responsibilities of citizens, being protected by and owing allegiance to the state. Children of parents who are here illegally or who are here only for the short time that their parents are here, cannot be presumed to be part of the body politic.”
“It wasnt until the 1960s that illegal immigration and anchor babies became an issue in this country.... This is truly a novel issue and it would be good for the Supreme Court to have an actual case so the controversy can be resolved.”
We can quibble about how long this policy has been in place, but actual practice has been the rule for a long, long time. Children presenting a US birth certificate to get a passport has been in place long before the 1960s. The citizenship and legality of the parents were not questioned.
It was only in 1856 that Congress decided that the State Department would be the sole authority to issue passports. Before that, the states and cities were issuing passports.
From 1789 through late 1941, the constitutionally established government required passports of citizens only during two periods: during the American Civil War (18611865), as well as during and shortly after World War I (19141918). The passport requirement of the Civil War era lacked statutory authority. During World War I (19141918), European countries instituted passport requirements. The Travel Control Act of May 22, 1918, permitted the president, when the United States was at war, to proclaim a passport requirement, and President Wilson issued such a proclamation on August 18, 1918. World War I ended on November 11, 1918, but the passport requirement lingered until March 3, 1921, the last day of the Wilson administration.
The contemporary period of required passports for Americans under United States law began on November 29, 1941. A 1978 amendment to the Immigration and Nationality Act of 1952 made it unlawful to enter or depart the United States without an issued passport even in peacetime.
Even when passports were not usually required, Americans requested U.S. passports. Records of the Department of State show that 130,360 passports were issued between 1810 and 1873, and that 369,844 passports were issued between 1877 and 1909. Some of those passports were family passports or group passports. A passport application could cover, variously, a wife, a child, or children, one or more servants, or a woman traveling under the protection of a man. The passport would be issued to the man. Similarly, a passport application could cover a child traveling with his or her mother. The passport would be issued to the mother. The number of Americans who traveled without passports is unknown.
Today, primary proof of US citizenship to obtain a passport includes either a US birth certificate or a Consular Report of Birth Abroad or Naturalization certificate.