Quote:
Originally Posted by dyna mo
i'm no attorney but
United States v. Wong Kim Ark
Issue
The Supreme Court, in the Wong Kim Ark case, was called upon to decide whether an American-born person of Chinese ancestry could constitutionally be denied U.S. citizenship.
In a 6-2 decision, the Court held that under the Fourteenth Amendment, a child born in the United States of parents of foreign descent who, at the time of the child's birth are subjects of a foreign power but who have a permanent domicile and residence in the United States and are carrying on business in the United States, and are not employed in any diplomatic or official capacity under a foreign power, and are not members of foreign forces in hostile occupation of United States territory, becomes a citizen of the United States at the time of birth.

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If the parents have entered the US legally that would apply.
But what if the parents have entered the US illegally or does the above apply to illegals as well. Seems unclear to me.