3.0.0 553 2022-02-03T05:53:23Z 2022-02-03T05:53:23Z Senate S S 2011-03-10 112 ssju00 Judiciary Committee Senate Standing Referred to 2011-03-10T20:11:22Z 2011-03-10 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. IntroReferral 2011-03-10 Introduced in Senate IntroReferral 10000 9 Library of Congress G000359 Sen. Graham, Lindsey [R-SC] Lindsey Graham R SC N C000286 Sen. Chambliss, Saxby [R-GA] SAXBY CHAMBLISS R GA 2011-03-10 True M000303 Sen. McCain, John [R-AZ] JOHN MCCAIN R AZ SIDNEY 2011-03-10 True A000368 Sen. Ayotte, Kelly [R-NH] Kelly Ayotte R NH 2011-03-10 True B001135 Sen. Burr, Richard [R-NC] Richard Burr R NC Mauze 2011-03-10 True Law Caribbean area Conflicts and wars Criminal investigation, prosecution, interrogation Criminal procedure and sentencing Cuba Detention of persons District of Columbia Evidence and witnesses Federal district courts Immigration status and procedures Judicial review and appeals Jurisdiction and venue Latin America Lawyers and legal services Military education and training Military facilities and property Military law Terrorism Visas and passports Law 00 2011-03-10 Introduced in Senate 2011-06-23T17:12:19Z Detention of Unprivileged Enemy Belligerents Act - Reaffirms that: (1) the United States is in an armed conflict with the Taliban, al Qaeda, and associated forces and that those entities continue to pose a threat to the United States and its citizens, both domestically and abroad; and (2) the President is authorized to detain unprivileged enemy belligerents in connection with the continuing armed conflict with the Taliban, al Qaeda, and associated forces, regardless of the place of capture, until the termination of hostilities.

Sets forth standards for habeas corpus review for any individual who is held by the United States at Naval Station, Guantanamo Bay, Cuba, or whom the United States otherwise holds or seeks to hold as an unprivileged enemy belligerent, and who is subject to the habeas corpus jurisdiction of the federal courts (covered individual). Defines "unprivileged enemy belligerent" as an individual who has engaged in hostilities against the United States or its coalition partners, who has purposefully and materially supported hostilities against the United States or its coalition partners, or who was a member of, part of, or operated in a clandestine, covert, or military capacity on behalf of, the Taliban, al Qaeda, or associated forces.

Grants the U.S. District Court for the District of Columbia exclusive jurisdiction and venue for consideration of applications for habeas corpus by or on behalf of a covered individual. Limits the scope of such jurisdiction to challenges to the legality of the continued detention of a covered individual, excluding claims relating to the detention, transfer, treatment, trial, or conditions of confinement of such individual, or any other action against the United States or its agents. Sets forth requirements and criteria relating to: (1) the federal government's burden of proof in habeas corpus proceedings involving a covered individual; (2) discovery of documents and protection of national security information; (3) evidentiary matters, including the exclusion of statements made by a covered individual obtained by torture or by cruel, inhuman or degrading treatment; and (4) limitations on second or successive habeas corpus applications. Imposes a stay on pending applications for habeas corpus until military commission proceedings have been exhausted.

Prohibits: (1) any court from ordering the release of a covered individual into the United States, its territories, or possessions; (2) the Secretary of State from issuing any visa to, or the Secretary of Homeland Security (DHS) from admitting or providing any type of immigration status to, a covered individual that may permit such individual to enter, be admitted to, or otherwise be at liberty in the United States; and (3) the Attorney General or the DHS Secretary from paroling into the United States any alien who was being detained by the Department of Defense (DOD) at Guantanamo Bay Naval Base as of January 1, 2009.

Denies any court, justice, or judge jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who is awaiting a status determination under the law of war, except in the case of undue delay.

]]> Detention of Unprivileged Enemy Belligerents Act Short Titles as Introduced Detention of Unprivileged Enemy Belligerents Act Display Title Detention of Unprivileged Enemy Belligerents Act Official Title as Introduced A bill to provide for the review of challenges to the detention of unprivileged enemy belligerents and for other purposes. Introduced in Senate 2011-03-10T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112s553is/xml/BILLS-112s553is.xml 2011-03-10 Read twice and referred to the Committee on the Judiciary. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.