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Why would he call them illegal if they weren't? Because he's trying to inflame the situation in his party's favor. It happens all the time. Everything I have seen indicates that the court system cannot reach beyond the borders of the U.S. to cover a person who is not a U.S. citizen. The jurisdiction of the U.S. does not go outside our borders which is why children born to U.S. citizens have VERY specific rules about how they can or cannot derive their citizenship from their parents. In other words, if the CIA wants to operate a "black site" there is nothing in law to stop them, AS LONG AS they don't engage in the practice of torture, as defined by the United States Code.
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