FWIW, the court in WKA said:
” 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.”
Someone here illegally is not here “in amity” with the government, and thus would not give birth to NBCs. IMHO.
For legal alien status that confers citizenship to children, is it only permanent resident alien status or does even temporary student visas count?
I would think (hope?) that someone with a delcared temporary status cannot confer citizenship on their children, whereas someone with a declared permanent resident status could.
I read on old naturalization histories that it was required of an alien to declare their intention to become a citizen to begin the naturalization process. It would be reasonable to assume that someone here on a temporary student visa has declared their intention to not stay here, and so should not be able to confer natural born status to their children?
-PJ