• Nate Cox@programming.dev
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    22 hours ago

    Immigrants in the country illegally, the theory goes, are subject to the jurisdiction of their native homeland.

    Ok, if immigrants here illegally aren’t subject to US jurisdiction, under whose authority are they being detained and deported?

    • Rivalarrival@lemmy.today
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      22 hours ago

      The answer to that question is truly terrifying.

      The answer is “The military”.

      He is trying to declare “immigrants” to be in the same category as “enemy combatants”.

      In a Red Dawn situation, the enemy invaders would not be “subject to the jurisdiction” of the United States. They would not be owed 5th amendment rights to due process; they would not be owed 4th amendment rights against search and seizure. Any rights they have would be guaranteed by treaty and legislation, not the constitution.

      By declaring them outside the jurisdiction of the US, he is saying their presence here is an act of war.