That actually goes back to my analogy. I don't think it's reasonable to treat all criminals equally, regardless of their citizenship.
Devil's advocate mode: So what other criteria might you use to selectively punish criminals? Age? Height above sea level? Skin colour...?
Off the top, there's the issue of extradition, and what we do with people who are criminals in a different country, even if they haven't been charged with any crimes in the country they're currently in. The US and our allies have pretty strong extradition treaties in place so that a criminal can't just flee the country and get away with it. I don't think we would want that to change. That would mean that in at least some cases, there may be an immigrant in the US (legally or not) who is a criminal in a different country - and we would be expected to return them to their home country for judicial proceedings. Given that we want the same thing for our citizens who have committed crimes here, we would likely wish to retain that treaty status. And that means that we're NOT treating all criminals the same.
Interesting, but not the point of my comment.
Additionally, again, it's "my kid" versus "someone else's kid". Sending a criminal who is not a citizen and is not here legally back to their home country when they break our laws seems pretty reasonable. We already have overburdened prison systems, and the criminals in question are not legal citizens. We don't have an obligation to place them in our prisons when they break our laws - deportation seems like a fine resolution (perhaps we allow some exceptions in specific circumstances).
Again, not the subject of my comment.
On the other hand, exiling our own citizens when they commit crimes is effectively revoking their citizenship rights completely - and that's a whole different ballgame. That's not something I would support under any circumstances.
Part of my lack of support for that is also that it ends up dumping our problem on some other country. What kind of utter ******** would we be if we sent all of of our murderers somewhere else? Additionally, deporting those criminals to a different country is more or less assuming that that other country would somehow be obligated to let them in. That's just not going to happen.
Ah, there we go. Back on topic.
Let me ask you this: If I as an Australian citizen, visited the USA and committed a heinous crime, would it be expected that I would have to be processed for that crime in the USA, including appropriate punishment up to and including jail time (or worse)?
If I was deported (back to where I came from - Australia), would the USA expect Australian authorities to prosecute me in its behalf? Conversely, would the USA prosecute US citizens who were deported back home for crimes committed elsewhere?
If the answers are that I would not be deported but have to submit to US law and punishment in the USA,
why is that any different for any other types non-citizen residents?
If the answers are that I
would be deported, what punishment is that?
I'll give you a real-world example of this situation: As Australians who frequently visit Bali for holidays (many Australians do), we are warned by our own government that we will be subject to Indonesian law while there. Some crimes in Indonesia attract the death penalty, or very long jail sentences, even though in Australia they are trivial misdemeanors. There are Australians right now doing decades in tough Indonesian jails for being idiots and breaking Indonesian laws. The Indonesians do not deport foreign offenders. If you are in, the only out is somehow get a pardon, or diplomatic efforts (usually not successful), or do your time.
What's the problem with non-citizen residents of the USA being similarly prosecuted and punished in the USA under US laws should they commit crimes?