Live Updates: Trump’s Effort to Restrict Birthright Citizenship ‘Blatantly Unconstitutional,’ Judge Says
If they’re not subject to the jurisdiction of the United States, then they can’t arrest them. That language is clearly meant to exclude diplomats.
Note that there were SCOTUS justices that already did this in US v. Wong Kim Ark:
The court's dissenters argued that being subject to the jurisdiction of the United States meant not being subject to any foreign power[8]—that is, not being claimed as a citizen by another country via jus sanguinis (inheriting citizenship from a parent)—an interpretation which, in the minority's view, would have excluded "the children of foreigners, happening to be born to them while passing through the country".
While the majority at that time did not hold it, we know this SCOTUS has no particular regard for precedence.
It excludes far more than diplomats, and that's what makes this approach so dangerous.
In a "Red Dawn" situation, local police certainly can arrest members of the invading army. "Enemy Combatants" are not subject to the laws of the United States. Enemy combatants cannot be charged with crimes under US law simply for engaging in hostilities. They can be held indefinitely as POWs. They don't have to involve the judicial system to "repatriate" them to their country of origin, rather than deporting them.
Invading enemy soldiers are not born in the United States. That’s the other important part of the sentence. I don’t think the major issue is pregnant invading soldiers. To be clear, what I meant is that if you have embassy staff with diplomatic immunity and they have kids while in the US, those children do not get birthright citizenship, because as children of diplomats, they are not subject to the jurisdiction of the United States.
I don’t think the major issue is pregnant invading soldiers.
That's because you're using a logical, rational definition of "soldier". Texas isn't, and neither is Trump.
They are treating immigration as an actual invasion. They are saying that "soldiers" are coming in to the US and having kids.
They haven't been quiet about what they are doing, but so far, we have been treating it as hyperbole. It isn't hyperbole. They are acting on it.
They think lots of stupid illogical things. But here in the real world, immigrants are not soldiers, and they’re not ever treated as soldiers by the legal system, so they are, in fact under the jurisdiction of the United States.
Yet another case of Shroedinger’s immigrants. They are simultaneously fleeing their “s***hole” home country for purely economic reasons (not political oppression) while being so loyal to their home country that they will spend their entire lives raising children in a country they are invading.