II 111th CONGRESS 1st Session S. 1071 IN THE SENATE OF THE UNITED STATES May 19, 2009 Mr. Chambliss (for himself, Mr. Vitter, Mr. Isakson, Mr. Inhofe, Mr. Burr, and Mr. Roberts) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To protect the national security of the United States by limiting the immigration rights of individuals detained by the Department of Defense at Guantanamo Bay Naval Base.

1.

Short title

This Act may be cited as the Protecting America's Communities Act.

2.

Ineligibility for admission or parole

Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended— (1)in subsection (a)(3), by adding at the end the following: (G)

Guantanamo bay detainees

An alien who, as of January 1, 2009, was being detained by the Department of Defense at Guantanamo Bay Naval Base, is inadmissible. ; and (2)in subsection (d)— (A)in paragraph (1), by inserting or (5)(B); and (B)in paragraph (5)(B), by adding at the end the following: The Attorney General may not parole any alien who, as of January 1, 2009, was being detained by the Department of Defense at Guantanamo Bay Naval Base..

3.

Detention authority

Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 1231(a)) is amended— (1)by striking Attorney General each place it appears, except for the first reference in paragraph (4)(B)(i), and inserting Secretary of Homeland Security; and (2)by adding at the end the following: (8)

Guantanamo bay detainees

(A)

Certification requirement

An alien ordered removed who, as of January 1, 2009, was being detained by the Department of Defense at Guantanamo Bay Naval Base, shall be detained for an additional 6 months beyond the removal period (including any extension under paragraph (1)(C)) if the Secretary of Homeland Security certifies that— (i)the alien cannot be removed due to the refusal of all countries designated by the alien or under this section to receive the alien; and (ii)the Secretary is making reasonable efforts to find alternative means for removing the alien. (B)

Renewal and delegation of certification

(i)

Renewal

The Secretary may renew a certification under subparagraph (A) without limitation after providing the alien with an opportunity to— (I)request reconsideration of the certification; and (II)submit documents or other evidence in support of the reconsideration request. (ii)

Delegation

Notwithstanding section 103, the Secretary may not delegate the authority to make or renew a certification under this paragraph to an official below the level of the Assistant Secretary for Immigration and Customs Enforcement. (C)

Ineligibility for bond or parole

No immigration judge or official of United States Immigration and Customs Enforcement may release from detention on bond or parole any alien described in subparagraph (A). .

4.

Asylum ineligibility

Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)) is amended by adding at the end the following: (E)

Guantanamo bay detainees

Paragraph (1) shall not apply to any alien who, as of January 1, 2009, was being detained by the Department of Defense at Guantanamo Bay Naval Base. .

5.

Mandatory detention of aliens from Guantanamo Bay Naval Base

Section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(1)) is amended— (1)in each of subparagraphs (A) and (B), by striking the comma at the end and inserting a semicolon; (2)in subparagraph (C), by striking , or and inserting a semicolon; (3)in subparagraph (D), by striking the comma at the end and inserting ; or; and (4)by inserting after subparagraph (D) the following: (A)as of January 1, 2009, was being detained by the Department of Defense at Guantanamo Bay Naval Base. .

6.

Statement of authority

(a)

In general

Congress reaffirms that— (1)the United States is in an armed conflict with al Qaeda, the Taliban, and associated forces; and (2)the entities referred to in paragraph (1) continue to pose a threat to the United States and its citizens, both domestically and abroad. (b)

Authority

Congress reaffirms that the President is authorized to detain enemy combatants in connection with the continuing armed conflict with al Qaeda, the Taliban, and associated forces until the termination of such conflict, regardless of the place at which they are captured. (c)

Rule of construction

The authority described in this section may not be construed to alter or limit the authority of the President under the Constitution of the United States to detain enemy combatants in the continuing armed conflict with al Qaeda, the Taliban, and associated forces, or in any other armed conflict.