The Supreme Court considered what the original meaning of NBC was in Wong Kim Ark. Long read but important to anyone who wants to know what the ORIGINAL INTENT was:
https://www.law.cornell.edu/supremecourt/text/169/649
“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....
It thus clearly appears that by the law of England for the last three centuries, beginning before the settlement of this country, and continuing to the present day, aliens, while residing in the dominions possessed by the crown of England, were within the allegiance, the obedience, the faith or loyalty, the protection, the power, and the jurisdiction of the English sovereign; and therefore every child born in England of alien parents was a natural-born subject, unless the child of an ambassador or other diplomatic agent of a foreign state, or of an alien enemy in hostile occupation of the place where the child was born.
The same rule was in force in all the English colonies upon this continent down to the time of the Declaration of Independence, and in the United States afterwards, and continued to prevail under the constitution as originally established...”
The child of an illegal alien would NOT be a NBC because they were not under the authority of the government at the time - just as an ambassador or foreign soldier is not. All the rest? NBC.
Did you read what you cited?
“...and therefore every child born in England of alien parents was a natural-born subject, unless the child of an ambassador or other diplomatic agent of a foreign state, or of an alien enemy in hostile occupation of the place where the child was born.”
You then write “The child of an illegal alien would NOT be a NBC because they were not under the authority of the government at the time - just as an ambassador or foreign soldier is not.”
Illegal aliens are subject to our laws the moment they cross our border. Ambassadors are not, and foreign soldiers are subject to the laws of war in the situation described (”hostile occupation”).
Illegal aliens are subject to American jurisdiction so long as they are within our country. In a conflict between our laws and the those of their homeland, ours would trump their homeland every time (selective enforcement and selective prosecution notwithstanding).
IIRC Ark was declared a US “native citizen.” Can you point out to me in the case where they define natural born citizen. I have read it twice and can no longer see the forrest for the trees.
The child of an illegal alien would NOT be a NBC because they were not under the authority of the government at the time - just as an ambassador or foreign soldier is not. All the rest? NBC.
https://fam.state.gov/fam/08fam/08fam030101.html
8 FAM 301.1ACQUISITION BY BIRTH IN THE UNITED STATES
(CT:CITZ-50; 01-21-2021)(Office of Origin: CA/PPT/S/A)
8 FAM 301.1-1 INTRODUCTION
(CT:CITZ-50; 01-21-2021)[...]
(a) Acquisition of U.S. citizenship generally is not affected by the fact that the parents may be in the United States temporarily or illegally; and that; and
(b) A child born in an immigration detention center physically located in the United States is considered to have been born in the United States and be subject to its jurisdiction. This is so even if the child's parents have not been legally admitted to the United States and, for immigration purposes, may be viewed as not being in the United States.
This is a pretty regular occurrence with some of you.