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National Guard and Immigration Control: Trumps Wildcard

February 18, 2017

Concerns. This is technically a military action on domestic ground. What it means is that in a military state action the US Constitution and the Amendments are suspended due to emergency need. As such the 4th, 5th, 6th, 8th and 14th Amendments to the U S Constitution which protect Citizens is set aside until the emergency is contained. These Amendments protect citizens from criminal accusations, holding, trial and punishment without Due Process. Under suspension these rights and protections are lost. Anyone citizen or not may be stopped, questioned, detained, arrested, held in arrest without charge, denied confrontation of witnesses, denied trial, and punished without ability to defend ones self or have an attorney do so for them. The US Constitution offers protection whereas people may not arbitrarily be stopped without Reasonable Suspicion. And then a stop and a minimal search for a weapon may follow. Before any further abrogation of the freedom of movement maybe restricted Law Enforcement must have elevated suspicion that the individual perpetrated or is perpetrating a crime. This level of suspicion is called Probable Cause to search and or arrest. In cases of military state action these levels of suspicion are null and voidable.  
Granted the military may offer those detained and arrested some of these protections, but it is no longer a guarantee. Also most likely citizens who initially could not prove citizenship to the requisite level would later be released after a stop, arrest or detention. However, the complications to daily life is incredibly interrupted. Anyone who has traveled abroad to countries like Israel, Russia, Turkey, Mexico and the like will appreciate military roadblocks and check point interrogations.  

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