This is the ruling that created the anchor baby nightmare.
One of several.
This is the ruling that created the anchor baby nightmare.
It is also inherently wrong.
Let's examine this statement....
The fundamental principle of the common law with regard to English nationality was birth within the allegiance, also called "ligealty," "obedience," "faith," or "power" of the King. The principle embraced all persons born within the King's allegiance and subject to his protection. Such allegiance and protection were mutual -- as expressed in the maxim protectio trahit subjectionem, et subjectio protectionem -- and were not restricted to natural-born subjects and naturalized subjects, or to those who had taken an oath of allegiance, but were predicable of aliens in amity so long as they were within the kingdom.
Allegiance, Ligealty, (legality?) Obedience, faith and the power of our government are all pieces of what constitutes the jurisdiction of this country, any one that by choice or act places themselves outside of that jurisdiction is not entitled to benefit from citizenship, an illegal alien is an enemy alien because he does not believe that our laws on immigration apply to him or his children, Likewise the child of a foreign national here on a student or special visa who has no intent on submitting to our jurisdiction is also not a US citizen.
Let me explain why this is so in simple terms, a resident alien(green card holder) here legally can be drafted because under the conditions of our immigration they are eligible for the draft. Likewise they also pay income tax as well, and if they wish after a period of time they can apply to be citizens.
Illegal aliens, don't pay income taxes, cannot be drafted and will never be citizens, and the same applies to anyone here on a visa, a visa means they are not subject to those laws that are applied to our citizens, because they do not place themselves under our jurisdiction, meaning that they do not want to become US citizens, and that they want to remain under their own country's jurisdiction.