Riding home today, listening as always to All Things Considered on National Public Radio, I heard an interview with this Ted Hilton, a real estate developer, who is trying to get an initiative on the ballot in California that would deny benefits to the children of illegal aliens.
The way this would work is that they would disallow illegal immigrants from applying for benefits, and further say that children cannot apply themselves, resulting in the children being denied as well. The interviewer suggested that this would deny equal protection to the children who are U. S. citizens under the Fourteenth Amendment.
The Mr. Hilton then said, that no court or law has declared that they were citizens, and that Wonk Kim Ark only applies to alien parents who are “permanently domiciled” in the U. S. While he was not arguing that President Obama was ineligible, he did sound like a birther to the practiced ear.
Certainly the dicta in Wong contradicts the idea that permanent residence was considered a requirement.