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Today, under the law of war, civilians are supposed to have protections, including against citizenship- or identity-based detentions or internment, as well as against forced repatriation.

The other thing that’s worth noting about the context of 1798 is that the law of war, under the law of nations, allowed these noncitizens from the foreign belligerent to be treated as though they were prisoners of war.

The Trump administration is trying to say that migration is an invasion, that narcotics trafficking is a predatory incursion, but the history is remarkably clear that those terms refer to acts of war that trigger the law of war.

The administration is simply not acting in a manner that is consistent with the belief that we are operating under the law of war.

Our commander in chief has not identified any armed attack that would trigger the law of war.