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[–] Naught405 0 points 3 points (+3|-0) ago  (edited ago)

Yes, they aren't citizens or legal residents of any state or of the United States. Further they are not legal visitors of another state. They are not protected by the constitution. Their presence is not sanctioned by their home country or the United States. The president could declare that they are to be considered invading foreign combatants if he wanted to.