See SCOTUS ruling.<quoted text>
personally, I think people interpreted the law wrong.
the key issue here is what exactly does "under the jurisdiction" mean?
if 2 non-citizens gave birth to a child in the usa... then, returned to their home country WITHOUT their child. would they still retain control of the child?
I mean.. think about it some.
if the non-citizen couple went back home without their child, and then, requested that the usa return their child to them..
wouldn't it be a case of the child not being "under the jurisdiction" since obviously the usa would return the child?
Under the jurisdiction means a physical presence where you are subject to the laws of that country.
Whether they are here illegally or not, they are still subject to our laws, therefore are under our jurisdiction.
Again, if you're confused, read the SCOTUS decisions in US v Ark & Plyler v Doe.