The 14th Amendment starts: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States...". This was ratified shortly after the Civil War, and was intended to provide citizenship to emancipated slaves and their offspring. It was later misinterpreted by the US Supreme Court to apply to all persons born in the US.
This is absurd, since it obviously wouldn't apply to offspring of foreign diplomats, who happen to be born on US soil, or offspring of an invading army, who might be born on US soil, while their parents are attacking America, but many think that it does apply to invading civilians.
The key phrase is "...and subject to the jurisdiction thereof...". An illegal alien is subject to the jurisdiction of his or her own country. When invading America, an illegal alien is simply subject to removal.
Illegal aliens are subject to the jurisdiction of the United States while they are in the US.
Our prisons are full of em.
Nice try though.
However, if that alien were to murder someone, would you have a problem with him being tried in by a state court? If the only thing that can be done to that person is to deport him, then okay. But if he can be tried in a court in the United States then he is subject to their legal jurisdiction.