The question I have is this: is a person who snuck in illegally under the jurisdiction of the United States or still under the jurisdiction of their homeland?
I would think that the only way to be under the jurisdiction of the United States is for the United States to affirmatively approve of the alien's being here, meaning they entered legally, they provided proper documentation, and they received an identification number from the United States.
Failing that, the children of illegal aliens who are born here would NOT be birthright citizens because they are not under the jurisdiction of the United States. How can they be if the United States doesn't even know of their existence?
-PJ
If an illegal alien murders someone in the U.S., we can prosecute him. If a foreign ambassador murders someone in the U.S., we can't prosecute him because he has diplomatic immunity. So yes, illegal aliens are "subject to the jurisdiction" of the U.S.
See post 25.
“the children of illegal aliens who are born here would NOT be birthright citizens”
Actually, they are citizens, for the very reason that they were born here.