[mrj]

That's been a fringe legal theory for a while. But historically it's been understood that even if in the country illegally, somebody driving too fast is going to get a ticket, right? If they commit a crime they are thrown in jail. Clearly they are subject to jurisdiction.

[IG_Semmelweiss]

but they could very well be deported 1st. There's nothing stopping that, in fact.

The only reason they go to jail is because de-facto that is is fair for the victimm in that he/she gets "Restitution" in the form of jail time for the non-citizen, and presumably, the foreign country may even be able to challenge that.

The dejure interpretation may be he should be banished, although that would be unfair to the victim.

[whimsicalism]

How could they deport them? They're not subject to the jurisdiction of the authorities, right?