this post was submitted on 23 Jan 2025
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[–] kersploosh 39 points 6 days ago* (last edited 6 days ago) (4 children)

The executive order argues that the 14th Amendment “has always” excluded people whose parents are in the country illegally, because they are not “subject to the jurisdiction” of the United States.

Wait a minute. If the children of undocumented immigrants are not subject to the jurisdiction of the United States, does that mean they are immune from prosecution? Is that what the new administration is saying?

[–] [email protected] 20 points 6 days ago* (last edited 6 days ago) (1 children)

Not quite. You're not even close to how bad this actually is.

He's effectively putting them in the same category as enemy combatants.

You don't need to charge a foreign invader with a crime. You're free to incarcerate them as a "prisoner of war", and can be held indefinitely. If you do ship them back to their country of origin, you aren't "deporting" them, you are "repatriating" them.

Prosecution is how the criminal justice system applies due process to the accused. He's saying that he doesn't have to afford them due process. He's saying he doesn't need a conviction; he can go ahead and arbitrarily jail or expel "invaders" and their descendants.

[–] kersploosh 5 points 6 days ago

Thanks for the clarification. It's so much worse than I thought.

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