Billy, billy, billy. LOL
At the very least there will have to be a scotus decision that would distinguish Wong Ark Kim from children born here to two parents neither of whom have legal status. And, frankly, I'm not sure that would be a bad thing.
It would take a pretty big stretch.
The 14th Amendment is very inclusive
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
So the only question is whether a child born to parents who are illegally in the United States is born subject to the jurisdiction of the United States?
The court clearly answered the issue of 'subject to the jurisidction' in Plyler v. Doe- even the dissenting justices acknowledged that illegal aliens are subject to the jurisdiction as specified in the 14th Amendment
.
I think it is very unlikely that the court would somehow rationalize that a child born within the United States is somehow subject to the laws of the United States- but not within the jurisdiction of the United States.
I don't think there's much doubt that it's the minority view that a child born here is not a citizen, by virtue of being subject to the laws, because the parents were violating the laws by being here. The reality is the parents are very much subject to our laws. We can deport em. We can jail them for any crimes they commit here. We can make em pay taxes.
But what's interesting is the concepts of whether citizenship passes by virtue of where one is born, or to where the parents own their loyalty. Obama, despite the birther's wishes, was born in Hawaii to an American mom. End of story. (Now he may at heart be a muslim Kenyan Marxist socialist, but despite his not viewing America like us, he's an American. grrrrrr) But, what of Ted Cruz? US law says, he's in. So, really in saying Ted may not be a citizen, the Big Quack is flip flopping. LOL