Bayoumi sees the unique danger of the post-9/11 American security apparatus as its rejection of the line between citizens and noncitizens (not that Bayoumi defends this line, either). The government determines whether people have fundamental rights based on race, ethnicity, and religion, which means that in effect nobody has
fundamental rights because anyone’s can be revoked if the new “enemy” happens to share their background. Of course, Muslims have been the particular targets of this new general form, but their experience may be representative of what others can expect in the future, as constitutional protections and the presumption of innocence increasingly become flexible and revocable and the government continues treating people as guilty because it insists on their
potential guilt (as the remarkable figure of
zero terrorism convictions shows).