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> those people are clearly subject to US jurisdiction by virtue of the application process.

But the wording doesn't apply to the parents, it applies to the baby: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof", not "All persons born or naturalized in the United States, and whose parents are subject to the jurisdiction thereof".


FWIW, I think that's a strong argument.
If the argument hangs on one interpretation of a single word or turn of phrase, when there are multiple interpretations, it is not a strong argument.
This doesn't. It turns on the non-existence of a phrase.

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