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As I said, natives living on land not even claimed by the US. Or maybe natives living on canadian land and only coming over for the raid. Or maybe the mongol hordes coming across the Bering straight, plundering a few US towns and then going back home, but with a baby born along the way, if you just cant process anything involving natives. I pick these examples because Im quite sure they would have considered that an exempted invasion at the time.
Practically speaking, we treat organised crime like this because we expect that we can dominate them completely, and with the opposing army we dont. The rule of condemning all is powerful but brittle, and must be used carefully. Note that CSA soldiers were criminals rather than foreign soldiers to the US, but were largely excused. But this is getting very substantive, in a branch that I dont strictly need. Better to stop it here.
So do I. Yet you have made your case on a principle implying they arent. You cant shrug off weird implication just because they would be weird.
As in, they would get the citizenship? I think people at the time would disagree.
No you dont. What youre describing is not a counterexample, but an attack on plausibility. What I said is that the simple principle of government doesnt want you to come in = refusing jurisdiction agrees with all cases known from before the time of immigration restrictions. Im also not saying the immigrant is an army - I dont see the illegal immigration exemption as a subtype of the invasion exception - I think the plausible justifications for the invasion exception also justify that one.
And I argue, both in OP and here, that this is simply asserting a distinction that you dont actually have a good way to draw, as evidenced by the difficulty in detail we have explored in this thread.
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