I'm (legitimately) curious: how does one square the concept of not being subject to US jurisdiction for citizenship purposes, with being subject to US jurisdiction for law enforcement purposes?
In all other exceptions to the 14th amendment, either you are dealing with an invading army, or you are dealing with people who have diplomatic immunity, all cases where they are not subject to American Civil law (and law enforcement). So how does the court thread the needle to allow law enforcement to interact with folks who it is claiming are not subject to US jurisdiction?
It’s not obvious to me that “jurisdiction” could only mean “law enforcement jurisdiction” in 1868.
Wong Kim Ark cited Schooner Exchange, which explained that nations have absolute jurisdiction over persons on their territory. It framed the cases you’re talking about, those having diplomatic immunity, as being a waiver of jurisdiction that was customary under international law.
In all other exceptions to the 14th amendment, either you are dealing with an invading army, or you are dealing with people who have diplomatic immunity, all cases where they are not subject to American Civil law (and law enforcement). So how does the court thread the needle to allow law enforcement to interact with folks who it is claiming are not subject to US jurisdiction?