There is only one Supreme Court decision on whether children born in the U.S. to alien parents are birthright citizens. That decision is United States v. Wong Kim Ark. It concerned a child born in the U.S. to legal permanent residents. The Court ruled that it was long established in the English common law, and continued by the states and federal government, that birthright citizenship extended to all persons born in the U.S. regardless of the citizenship status of their parents, with only a few exceptions. The exceptions concerned children of aliens who are diplomats and children of aliens born in territories occupied by foreign armies.
Regardless of its discussion of the English common law legacy of our country, 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.
In addition, the Supreme Court cites, without criticism, a case where a person born here, who married a British officer and relocated with her husband to England following the Revolutionary War. This person, though born here, was viewed as a British subject and not as a U.S. citizen.
In any case, it wasn’t until the 1960s that illegal immigration and anchor babies became an issue in this country. It never was a problem beforehand in this country or in England prior to our independence. 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.
And Wong got it WRONG and the courts don’t have the power of naturalization.