The very title of this illegal piece of garbage is a lie. They are not Americans if both of their parents fell under the jurisdiction of another government.
Exactly, anchor babies are not American citizens because they were not born here legally. See the legislative history of the 14th Amendment and the Wong Ark case, which makes it clear that birthright citizenship only applies to those whose parents were lawfully in the country at the time of birth.
Wong Kim Ark does not stand for the proposition that the parents must be legally in the country. Neither does it stand for the proposition that children born here of parents who are present illegally are granted citizenship.
It is in fact silent on the issue. There is plenty of language in the opinion that could be twisted both ways. It’s my opinion though, that had Wong Kim Ark addressed the issue of birthright citizenship where the parents are in the country illegally, the Court would have found no citizenship. But that issue was not before them that day.
Thank you.