An argument could be made that a child born of two parents ILLEGALLY in the US would not be a citizen of the US. In the US v Wong Kim Ark case referenced up-thread, part of the decision had:
II. 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. Children, born in England, of such aliens were therefore natural-born subjects. But the children, born within the realm, of foreign ambassadors, or the children of alien enemies, born during and within their hostile occupation of part of the King's dominions, were not natural-born subjects because not born within the allegiance, the obedience, or the power, or, as would be said at this day, within the jurisdiction, of the King.If illegal aliens are considered invaders, then their children do not accrue citizenship by birth. Indeed, during Pres Eisenhower's Operation Wetback, massive numbers of illegal aliens were forcibly sent back to Mexico, INCLUDING THEIR US-born children, indicating that US officials at the time did not consider birth in the US from illegal aliens as conferring citizenship.
We certainly agree with that language. In fact, it is the basis of an argument I presented to a “law professor” a couple of years ago here on FR.
Essentially, if they enter illegally, fraudulently tap into our commercial and economic system and avail themselves of public benefits, school, medical services and the casting of local, state and federal votes, etc, one could easily imagine they are invaders as contemplated by the WKA language.
My disquieting alternative proposition above, of course, is based on the very real present state of the practices and policies of the State Department and some local law enforcement agencies and municipalities.
I have not had a chance to put your responses in the aicd rinse yet, and may yet get back to you.
Have nice weekend.