OK you don't want to address the commonality relative to the 14th amendment.
Diplomats, Indians, invaders and illegals have not subjected themselves to our jurisdiction. They do not recognize that our laws apply to them. How we treat them is a totally different topic.
Yes, the illegals have done so, and have no choice in the matter, regardless...unless they are foreign diplomats or foreign military...they are subject to our laws and under our protection while on our soil...
The illegal crossers know that the USA has jurisdiction over them, even before they cross and most all turn themselves over to Border Patrol... And most crossers coming from central and south America have walked through several countries before arriving here, and know while on those country's soil, they were subject to their laws.
When I travel in foreign countries, I know I am subject to their laws when on their soil...
Really, it is common knowledge... even for the lesser educated immigrants. They know once they enter the USA, they are under our jurisdiction.
And in the 1840s there was another suit in NY State, that settled even children of foreign temporary travelers or vacationers, when they bore a child on our soil, the child has US birthright citizenship....
I think we need an amendment to change the author's original text of the 14th amendment...and will be quite surprised if the supreme court ruled differently!
They have surprised me before, so I guess we will see...