II 111th CONGRESS 1st Session S. 1081 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.

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.