I think it can be argued that illegals are “not subject to the jurisdiction thereof,” too. (Some of ‘em sure act like it...). Maybe I should be thinking “tourists” instead of “diplomatic personnel.”
As I said, there better and more detailed arguments against this.
“I think it can be argued that illegals are ‘not subject to the jurisdiction thereof,’ too.”
No, it can’t. We may not enforce immigration laws very often, but when we do, we do in fact put illegals in jail and sometimes deport them. That’s not the sort of thing you can do to people who are not subject to your jurisdiction, a classification reserved for diplomats and members of invading armies.
“Maybe I should be thinking ‘tourists’ instead of ‘diplomatic personnel’”
Tourists are legally within the US, while they’re here, and are subject to US jurisdiction, and so would their children be.