“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.
I think you are wrong on many counts. The very author of the relevant part of the 14th amendment, Senator Jacob Howard, said, in relation to the 14th amendment, that:
“[The 14th amendment] will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the government of the United States, but will include every other class of person.”
Based on the printed opinion of the AUTHOR HIMSELF, aliens, whether legal or illegal, would not be covered by the 14th amendment.
Further, your statement that:
“we do in fact put illegals in jail and sometimes deport them. Thats 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.”
Is factually untrue. We do, in fact, “deport” diplomats on occasion (though it may be called “repatriation”), and members of invading armies have, in fact, been imprisoned, and later deported / repatriated.