Agamben argues that the place of sovereignty is on the threshold between what lies both inside and outside the law: life. He proposes that 'exception' can be interpretated as an originary structure where law exists by virtue of the exception it captures in itself---life--- in the sense that life 'can in the last instance be implicated in the sphere of law only through the presupposition of its inclusive exclusion, only in an exceptio.' [16]
So we cannot definitively claim that the exception is either outside or inside the law. The exceptions, such as refugees or those interned in detention facilities have simply been abandoned: they are both inside and outside the law. This exception is Agamben's homo sacer. These people can be killed but the killing of them is neither a sacrifice, in the sense that they are not divine, nor murder, in that no law is broken. Why? Because they exist in the space between zoe and bios.