Notes for myself about the history of immigration in this country.
In the beginning, there were citizens, there was everyone else, and there was a path to citizenship (i.e., naturalization). There were federal naturalization laws as early as the 1790s despite the fact that citizenship at that time was more likely to be thought of in terms of being a citizen of Virginia (or whatever) rather than a citizen of the nation. The distinction between citizen and non-citizen has a long history in this country.
In contrast, the distinction between a non-citizen being here legally versus illegally is relatively recent. Prior to 1882 (Chinese Exclusion Act), anyone could come to this country and stay. There were no limits as to where you came from or how many of you were allowed in. There was no such thing as an illegal immigrant.
It was during the time when illegal immigration did not even exist that the 14th Amendment with its citizenship clause was proposed and adopted. It's reasonable then to conclude that whatever it says about birthright citizenship, it may only say with respect to legal immigration since that's all that existed at the time.
The USA v Wong Kim Ark case was decided in 1898. By a 6-2 decision that court ruled that birthright citizenship applied where the parents are non-citizens. This decision can only be reached if the 14th Amendment is interpreted to mean that such babies are "subject to the jurisdiction" of the USA.
In the current circumstances, federal statutes provide for legal means of entry. Complying with those standards could be construed as an act of subjecting themselves to the jurisdiction of the USA. If so, then it is logical that failing to comply with those standards would be an act of rejecting the jurisdiction of the USA (in effect, "the USA can't tell me what to do"). Perhaps tellingly, it's rejection at the very initiation of the person's residency in this country.
I can see logic in continuing birthright citizenship for children of legal immigrants, but denying it to illegal immigrants.
