There's also the thing where Wanda and Vision were never formally legally married (hence the lack of wedding rings or an anniversary as mentioned in WandaVision episode 1)
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Even that is probably too specific. It's blatantly illegal to put people in detention if it's not part of a criminal process. What they would probably have to do is make using powers illegal. Then wait to catch her doing that. Then jail her pending trial.
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I won't naively say it never happens [See Korematsu]. But look at the Muslim ban. It took 5 attempts over 3 years before it was legal and that was much less targeted than a ban targeting 3 people would be.
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