“no plausible distinction with respect to the 14th Amendment ‘jurisdiction’ can be drawn between resident aliens whose entry into the United States was lawful and resident aliens whose entry was unlawful”
It was the court that is responsible for giving INS the excuse for the practice of granting citizenship to children born here to non-citizen parents regardless of their immigration status.
A revision to the Texas education laws in 1975 allowed the state to withhold from local school districts state funds for educating children of illegal aliens. This case was decided together with Texas v. Certain Named and Unnamed Alien Child.
Question:
Did the law violate the Equal Protection Clause of the Fourteenth Amendment?
Conclusion:
Yes. The Court reasoned that illegal aliens and their children, though not citizens of the United States or Texas, are people “in any ordinary sense of the term” and, therefore, are afforded Fourteenth Amendment protections. Since the state law severely disadvantaged the children of illegal aliens, by denying them the right to an education, and because Texas could not prove that the regulation was needed to serve a “compelling state interest,” the Court struck down the law.
The above paste is from the Plyer vs doe case , it specically states that the children of illegals ARE NOT citizens of Texas or the United States but children of illegals should deserve to be educated regardless of citizenship. This case addressed a education issue not citizenship, but is often misquoted as proof that children of illegals are “citizens”