this post was submitted on 28 Jan 2025
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[–] [email protected] 8 points 1 week ago

Trump referred to this flight not as "deportation" but "repatriation". This is important because deportation can only be conducted through the judicial branch: Deportation is a sentence pursuant to a conviction.

"Repatriation" is what we call it when we return a POW to their nation of origin.

He is treating immigrants as enemy combatants. Enemy combatants are not "subject to the jurisdiction" of the united states, which is required for birthright citizenship.

Trump sent a group of deportees on a military aircraft

The military is prohibited from engaging in law enforcement under the Posse Comitatus Act. For the military to be involved, this cannot be considered a law enforcement action.

He's just doing a worse job at what Biden was already doing.

This is not Trump doing a worse job. This is Trump's lawyers saying he needs to do this if he wants to kill birthright citizenship.