10 USC 15 does, indeed, allow for the military to provide assistance to law enforcement agencies under specific circumstances. Among other requirements, they have to have an LEO on board the aircraft. The LEO ostensibly supervises the operation: the military members present are operating under the authority of the officer.
Here’s the problem: They are trying to argue against birthright citizenship on the basis that undocumented immigrants are not “subject to the jurisdiction” of the united states (14th Amendment). Diplomats and enemy combatants are not subject to the laws of the united states. They cannot be charged or convicted under US criminal code. They can only be held in accordance with the Laws of Armed Conflict, and treated as POWs rather than accused criminals. The military can detain people as POWs, but it cannot enforce the law domestically.
As soon as they claim 10 USC 15 justification, or they put an LEO in charge of the operation, the government loses its “subject to the jurisdiction” argument.
The government can’t claim justification under 10 USC 15. They need to argue that the immigrants are a category of people that the military can lawfully detain. They need to argue that the immigrants in question are invaders; enemy combatants.
10 USC 15 does, indeed, allow for the military to provide assistance to law enforcement agencies under specific circumstances. Among other requirements, they have to have an LEO on board the aircraft. The LEO ostensibly supervises the operation: the military members present are operating under the authority of the officer.
Here’s the problem: They are trying to argue against birthright citizenship on the basis that undocumented immigrants are not “subject to the jurisdiction” of the united states (14th Amendment). Diplomats and enemy combatants are not subject to the laws of the united states. They cannot be charged or convicted under US criminal code. They can only be held in accordance with the Laws of Armed Conflict, and treated as POWs rather than accused criminals. The military can detain people as POWs, but it cannot enforce the law domestically.
As soon as they claim 10 USC 15 justification, or they put an LEO in charge of the operation, the government loses its “subject to the jurisdiction” argument.
The government can’t claim justification under 10 USC 15. They need to argue that the immigrants are a category of people that the military can lawfully detain. They need to argue that the immigrants in question are invaders; enemy combatants.