Neither. Because it's not an armed conflict war...
There is no such condition. It is either/or. Either you operate under the law of the land, or it becomes a military corridor, under ROE, and Military Courts. One or the other.
What we have is a security issue. Specifically the security of our Southern Border. The Federal Government has an obligation to secure the borders and protect the American Citizens before any consideration for any other person is made.
Right - and I am fine with all that. And I DO think it is a federal responsibility.
But we are talking about suspending due process. That's crazy. If you are operating under the law, there must be due process, by necessity.
OR you are operating under military jurisdiction and military law (which still affords some sort of due process). less rights, and many rights suspended.
I am FINE with a military corridor, but then declare it, and load the border with bases.
But what you are suggesting is in fact a suspension of habeas corpus and operation under the color of law. That is not tolerable.
The problem for our side is we've bought into the Liberals emotional argument...and it's not allowing people to see this issue clearly and for what it really is.
If we don't have borders...if we don't enforce the laws on the books...the rest of this debate is meaningless.
I have bought into no such thing, and I largely agree with you (as I nearly always do), at least in spirit. But you cannot remove due process as a technical matter, without removing habeas corpus, which is by definition operating under the color of law.
The only other option is in fact military law. WAR.