The way I read Wong Kim Ark, the courts have decided to interpret the language as meaning merely being on our soil, and the "subject to the jurisdiction" clause is read to exclude persons having diplomatic immunity.
I would add that being a law breaker would reinforce the court's opinion that those here illegally are subject to the jurisdiction.
What established the diplomatic immunity? There isn’t a constitutional requirement that there be such a thing. It was an act of Congress that did so.
Of course in today’s Calvinball feelgood regime the prevalence of sheer sense is now in danger.
Subject to the laws not Jurisdiction.