[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1081 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1081

  To prohibit the release of enemy combatants into the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 20, 2009

  Mr. Graham (for himself and Mr. Lieberman) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
  To prohibit the release of enemy combatants into the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. RELEASE OR TRANSFER OF COVERED INDIVIDUALS.

    (a) Covered Individual Defined.--In this section, the term 
``covered individual'' means any individual who--
            (1) has ever been determined by a Combatant Status Review 
        Tribunal to be an enemy combatant (pursuant to the definition 
        employed by that tribunal) or is awaiting the determination of 
        such a tribunal;
            (2) is in the custody of the United States at Guantanamo 
        Bay, Cuba on or after the date of enactment of this Act; and
            (3) is not a citizen of the United States or an alien 
        admitted for permanent residence in the United States.
    (b) Covered Individuals Ordered Released.--
            (1) In general.--No court shall order the release of a 
        covered individual into the United States.
            (2) Visas and immigration.--The Secretary of State may not 
        issue any visa, and the Secretary of Homeland Security may not 
        admit or provide any type of status, to a covered individual 
        that permits the covered individual to enter into, or be 
        admitted to, the United States.
    (c) Transfer.--
            (1) In general.--If a covered individual is no longer held 
        by the United States as an enemy combatant, the covered 
        individual shall be released into the custody of the Secretary 
        of Homeland Security, who shall transfer the individual to the 
        covered individual's country of nationality or to another 
        country.
            (2) Housing.--An individual in the custody of the Secretary 
        of Homeland Security pursuant to paragraph (1) shall be housed 
        separately from aliens detained as enemy combatants by the 
        Department of Defense in a manner consistent with the safety 
        and security of United States personnel.
            (3) Transfer.--Transfers made pursuant to paragraph (1) 
        shall be carried out as expeditiously as possible and in a 
        manner that is consistent with--
                    (A) the policy set out in section 2242 of the 
                Foreign Relations Authorization Act, Fiscal Years 1998 
                and 1999 (8 U.S.C. 1231 note); and
                    (B) the national security interests of the United 
                States.
                                 <all>