The Militarization of America and the Myth of “Illegal Immigration Crimes”

By Ethan Lucas

For years, the American public has been fed a steady diet of misinformation about two closely related issues: the federal government’s increasing militarization on U.S. soil, and the misconception that immigration status is a criminal matter. Both narratives serve the same purpose—conditioning the People to accept unconstitutional federal power while surrendering the liberties the Constitution was explicitly designed to protect.

It’s time to set the record straight, using the actual Constitution, Supreme Court rulings, and the Founders’ own warnings.

A Standing Army in the Streets Is Unconstitutional

The Founders made one thing unmistakably clear: a standing federal army on American streets, policing or surveilling the People, is the textbook definition of tyranny…including federalizing the National Guard for such purpose (that’s not a magic loophole).

In the Declaration of Independence, the colonists condemned King George III for:

“Keeping among us, in times of peace, Standing Armies without the Consent of our legislatures.”

That grievance wasn’t poetic flourish—it was a precise description of an oppressive practice they wanted abolished forever. The Constitution reflects this distrust. Article I, Section 8 mandates that Congress may fund an army only in two-year increments to prevent perpetual, executive-controlled military forces…something we have long abandoned and this has led us to where we are, as a militant police state.

The Third Amendment—often ignored today—exists solely because the Founders viewed domestic military presence as tyranny. They didn’t want troops in homes, cities, or communities. Civil society was to be governed by the People and through the People, not an occupying military.

Our system was intentionally designed so that the Militia of the several States—the People themselves—would be the defenders on American soil, not a federal standing army marching or policing within the country.

The Posse Comitatus Principle

This foundational belief became federal law in 1878 through the Posse Comitatus Act, which prohibits the U.S. Army (and by extension all branches of the military) from enforcing domestic law.

The message is simple:

The military cannot be used against Americans. Period.

Supreme Court rulings reinforce this principle:

• Ex parte Milligan (1866) — Military authority cannot replace civilian authority when civil courts are open.

• Duncan v. Kahanamoku (1946) — Civilian populations cannot be subjected to military governance.

• Youngstown Sheet & Tube (1952) — The President has no unilateral authority to impose military control inside the U.S.

These cases reflect the original constitutional design: the People are sovereign, the civil government serves them, and the military remains outside domestic affairs except in the most extreme and constitutionally limited circumstances.

Immigration is a Civil Matter—Not a Criminal One

Now let’s connect this to another commonly misunderstood issue: immigration.

Despite what politicians, and agenda-driven media (including ignorant podcasters) claim, immigration violations—specifically unlawful presence—are civil infractions, not crimes.

This is not opinion. This is not political spin.

This is federal law and Supreme Court precedent.

1. Unlawful Presence Is Not a Crime

People who overstay a visa or remain in the country without authorization have committed a civil violation, handled through administrative immigration courts—not criminal courts.

The Supreme Court has repeatedly affirmed this:

• INS v. Lopez-Mendoza (1984) — Deportation is a civil proceeding.

• Padilla v. Kentucky (2010) — Removal is not a criminal punishment.

• Arizona v. United States (2012) — Unlawful presence is not a crime.

If being undocumented were a crime, there would be no need for immigration courts. People would simply be arrested, charged, given a jury trial, and imprisoned. That is not how the system works. Until now. Trump is violating the law…the supreme law of the land in fact: the Constitution.

Because immigration status is civil, ICE and local police must follow the Constitution’s protections—including the Fourth Amendment.

They cannot detain people based solely on suspicion of immigration status, skin color, or language. But they are now. Under the Trump Administration’s directive, they are breaking the law and violating everyone’s rights in America that they approach, without a judicial warrant.

Congress intentionally made immigration status a civil matter because it is an administrative issue, not a criminal offense.

The Only Criminal Offenses in Immigration Law

Only certain specific actions—such as illegal re-entry after deportation, falsifying documents, or smuggling—are criminal. But unlawful presence itself is not.

Over 40% of undocumented individuals simply overstayed visas—again, 100% civil.

Why the Distinction Matters

When Americans falsely believe immigration is a criminal issue, they are more willing to accept unconstitutional uses of force, surveillance, and militarization inside the country, and we have seen an absurd amount of this recently.

And once the People accept the military policing one group, the door is wide open for the same force to be used on anyone else—protesters, dissidents, political opposition, or everyday citizens. And of course, that’s already happening as well.

You cannot have a constitutional republic where the People are sovereign if:

• The federal executive deploys military forces on domestic soil, or

• Civil administrative matters are treated as criminal acts to justify that deployment.

Both distortions erode the liberties America was founded upon.

The Sovereign People Must Guard the Republic

The Founders understood human nature. They knew governments naturally creep toward more control unless the People constantly check them.

James Madison warned:

“The means of defense against foreign danger have been always the instruments of tyranny at home.”

He wasn’t speaking metaphorically.

He was describing the very danger we are witnessing today.

The Constitution forbids:

• Military policing of civilians

• Perpetual standing armies operating domestically

• Treating civil administrative matters as criminal issues

• Any erosion of the People’s sovereignty

When these lines are blurred, tyranny becomes possible.

When they are erased, tyranny becomes inevitable.

Welcome to Trump’s America, 2025.

Conclusion

The People of the United States are sovereign—not Washington, not federal agencies, not the military, and not the office of the President. The Constitution is a leash on governmental power, not on the People’s rights.

A standing army in the streets violates the Constitution. Calling immigration a criminal matter violates the law. Both serve the same agenda: expanding federal control at the expense of individual liberty.

America’s founders would not tolerate this abuse for a second.

Neither should we.

So what will it be America? Check the current unlawful administration or forever lose our republic and freedom to ideological bullshit?