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The heritage foundation has an argument prepared for the inevitable supreme court case. I think it's shit, even for them, but SCOTUS seems like they'll go along with anything.
Their argument hinges on the phrase "and subject to the jurisdiction there of" claiming that this somehow excludes non-citizens. Accepting this argument would have the weird implication of saying that non-citizens in the US are not subject to the jurisdiction of the US. So... how do other laws apply to them? How could they be charged with working or entering the US illegally?
That clause was targeted at, and is still targeted at, foreign diplomats who have diplomatic immunity. If you can't be compelled to to pay your parking tickets because you put the little flag on your car, then your babies also don't get to be Americans. Easy.
If your typical non-little-flag-on-car undocumented immigrants are really "not subject to the jurisdiction," then how can you arrest them for all of the horrible crimes they are allegedly committing?
I suspect that was probably not as much on their mind as the prospect of a US territory temporarily occupied by a foreign military. I fully anticipated that they would attempt this comparison (despite clearly subjecting illegal immigrants to the jurisdiction). Even if it is incorrect, I could at least see them making that attempt.
I'm surprised that they are trying to extend this to include people legally in the US, with every legal basis to be here and no whiff of any vaguely dubious relationship with jurisdiction..
The answer there is easy and horrifying. Since they're "not subject to" the law of the US, you can basically declare them outlaws. The od-school use of the term, basically meaning "this person exists outside of legal sight, so anything that happens to them is entirely legal because they don't exist as a legal entity in our sight."
The end game is open season on anyone who "looks illegal".