No. Pretty much anyone anywhere can be arrested, including diplomats (though there may be hell to pay for it). They are subject to the jurisdiction because they can be tried and convicted makes them subject to the jurisdiction.
I am subject to the jurisdiction. I pay taxes, can be summoned for jury or military duty, I can vote.
That is not what jurisdiction means. If you are under a particular jurisdiction, that body of law applies to you. If you are not, it does not. Jury duty and voting are rights of citizenship; military duty is also extended to green card holders. Taxes are no respecter of persons.
It is an absurd bit of legal contortionism to try to claim that anyone who cannot vote, etc. is not "subject to the jurisdiction." Black Americans were prevented from voting or serving on juries for the better part of a century, and establishing that they are citizens was the primary purpose of the 14th amendment.
>>>Treating illegal aliens as enemy invaders would require treating the situation as a de facto state of war, a military matter instead of a criminal justice one.
That is how it should be treated. Instead we give them free healthcare and education. And for that we need to gain a few extra IQ points so we can call ourselves stupid.
If you think "anchor babies" are a sufficient threat to justify martial law, make the case at the ballot box. This is still a reasonably democratic country, after all.
Circular. The very first law that applies to illegals is that they don't belong here.
You said that if illegals are not subject to the jurisdiction then:
...that would lead to a hell of a lot of prison doors being thrown open.
Yet you also said that:
A government is assumed to have jurisdiction over its territory and the people in it -- that is what makes it a government. Diplomats and Indians were exempted from that jurisdiction by specific laws and treaties.
And yet we know Indians who were not subject to the jurisdiction could be and were arrested, tried and convicted for crimes committed in the states.
So far all I get is that because they can be jailed for crimes that makes them subject to the jurisdiction. That really excludes no one and makes the phrase meaningless.
I really see no differnce between illegals and those Indians.