One person there almost gets it, they mention that the Arks were in the US legally, which establishes US jurisdiction, and was central to the case. Everyone else gets lost in a side track into whether the person can get arrested, which means absolutely fuck all, even persons with diplomatic immunity can be arrested.
Jurisdiction means CAN THEY BE DRAFTED INTO THE MILITARY. Illegals are still under the jurisdiction of the country they come from.
I would also argue that illegals in sanctuary cities and states, and especially DACA, have a status close to diplomatic immunity, though limited, similar to consular status, so that those should not be argued in the same case as illegals in non sanctuary states.
That post is about United States v. Wong Kim Ark
One person there almost gets it, they mention that the Arks were in the US legally, which establishes US jurisdiction, and was central to the case. Everyone else gets lost in a side track into whether the person can get arrested, which means absolutely fuck all, even persons with diplomatic immunity can be arrested.
Jurisdiction means CAN THEY BE DRAFTED INTO THE MILITARY. Illegals are still under the jurisdiction of the country they come from.
I would also argue that illegals in sanctuary cities and states, and especially DACA, have a status close to diplomatic immunity, though limited, similar to consular status, so that those should not be argued in the same case as illegals in non sanctuary states.