"Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. " 1866, Senator Jacob Howard
"Slaughter-House cases" [83 US 36 (1873) and 112 US 94 (1884)]
The Court essentially stated that the status of the parents determines the citizenship of the child. To qualify children for birthright citizenship, based on the 14th Amendment, parents must owe "direct and immediate allegiance" to the U.S. and be "completely subject" to its jurisdiction. In other words, they must be United States citizens.
In 1889, the
Wong Kim Ark Supreme Court case10,11 once again, in a ruling based strictly on the 14th Amendment, concluded that the status of the parents was crucial in determining the citizenship of the child. The current misinterpretation of the 14th Amendment is based in part upon the presumption that the
Wong Kim Ark ruling encompassed illegal aliens. In fact, it did
not address the children of illegal aliens and non-immigrant aliens, but rather determined an allegiance for
legal immigrant parents based on the meaning of the word
domicil(e). Since it is inconceivable that illegal alien parents could have a
legal domicile in the United States, the ruling clearly did not extend birthright citizenship to children of illegal alien parents.
http://www.14thamendment.us/birthright_citizenship/original_intent.html