• Rivalarrival@lemmy.today
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    4 days ago

    “Criminals they forced into the United States” = “Invasion”

    “Repatriation” != “Deportation”

    Repatriation is what happens when you return a POW to their country of origin. Deportation is when you return a criminal to their country of origin.

    POWs are not entitled to access to the criminal justice system. They can be held indefinitely without charges, or returned to their country of origin, without judicial oversight. Since deportation is a judicial process, POWs are not subject to deportation.

    POWs are not “subject to the jurisdiction” of US law; Trump is arguing that the children of “invader-immigrants” can’t be citizens.

      • Rivalarrival@lemmy.today
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        3 days ago

        POWs do not need to be charged with a crime. Indeed, under international treaties and laws governing armed conflict, POWs generally can’t be criminally charged for simply participating in hostilities.

        They can be held without charge until the conclusion of hostilities. They are not entitled to the protections afforded to the accused, because they are not accused. They are not entitled to access to the criminal justice system.

        By describing them as “invaders”, he is suggesting that immigrants be treated as enemy combatants.