II 111th CONGRESS 1st Session S. 108 IN THE SENATE OF THE UNITED STATES January 6, 2009 Mr. Vitter introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit the admission of an alien who was detained as an enemy combatant at Guantanamo Bay, Cuba unless the President determines that such admission is consistent with the national security of the United States, and for other purposes.

1.

Short title

This Act may be cited as the Protection from Enemy Combatants Act.

2.

Limitation on admission of aliens detained at Guantanamo Bay, Cuba

(a)

Covered alien defined

In this section, the term covered alien means an alien who was detained as an enemy combatant by the United States at Guantanamo Bay, Cuba. (b)

Prohibition on admission by a court

Subject to subsection (d), a court of the United States may not order the release or parole into the United States of a covered alien. (c)

Prohibition on admission by the Secretary of State or the Secretary Homeland Security

(1)

Visa

Subject to subsection (d), the Secretary of State may not issue any visa to a covered alien that would permit the covered alien to enter, or be admitted to, the United States. (2)

Immigration status

Subject to subsection (d), the Secretary of Homeland Security may not admit or provide any type of immigration status to a covered alien that would permit the covered alien to enter, or be admitted to, the United States. (d)

Waiver

The President, in the sole discretion of the President, may waive a restriction described in subsection (b) or (c), in whole or in part, if the President determines that the waiver of such restriction is consistent with the national security of the United States.