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 Decade: 2010-2019
 Collection: Congressional Research Service Reports
Immigration-Related Detention: Current Legislative Issues

Immigration-Related Detention: Current Legislative Issues

Date: January 12, 2012
Creator: Siskin, Alison
Description: As Congress considers addressing some of the problems in the nation's immigration system, the detention of noncitizens in the United States may be an issue as Congress may choose to reevaluate detention priorities (i.e., who should be detained) and resources. There are many policy issues surrounding detention of aliens. The Illegal Immigrant Reform and Immigrant Responsibility Act of 1996 (IIRIRA) increased the number of aliens subject to mandatory detention, and raised concerns about the justness of mandatory detention, especially as it is applied to asylum seekers arriving without proper documentation. Additionally, as DHS increases its ability to identify aliens who are subject to removal from local jails in more remote locations, the nationwide allocation of detention space may become an issue.
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Detention of U.S. Persons as Enemy Belligerents

Detention of U.S. Persons as Enemy Belligerents

Date: February 1, 2012
Creator: Elsea, Jennifer K.
Description: This report provides a background to the National Defense Authorization Act for FY2012, the Authorization to use Military Force act, and the President's power to detain "enemy combatants." It then gives a brief introduction to the law of war pertinent to the detention of different categories of individuals and an overview of U.S. practice during wartime to detain persons deemed dangerous to national security. It concludes by discussion Congress's role in prescribing rules for wartime detention as well as legislative proposals in the 112th Congress to address the detention of U.S. persons.
Contributing Partner: UNT Libraries Government Documents Department
Legal Standing Under the First Amendment's Establishment Clause

Legal Standing Under the First Amendment's Establishment Clause

Date: April 5, 2011
Creator: Brougher, Cynthia
Description: This report analyzes the constitutional issues associated with standing (a restraint on the power of federal courts to render decisions), specifically related to cases arising under the Establishment Clause of the First Amendment regarding religion. It provides a background on the doctrine of standing, including the U.S. Supreme Court's interpretation of various types of standing: standing to sue as a citizen, as a taxpayer, and on behalf of another party. It also examines the current standing rules related to the Establishment Clause.
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Sexual Violence in African Conflicts

Sexual Violence in African Conflicts

Date: February 23, 2011
Creator: Arieff, Alexis
Description: This report focuses on conflicts in Africa in which sexual violence is reported to be widespread or systematic. It describes the context in which such violence takes place, selected cases where it is currently occurring, and U.S. policy responses. The report concludes with a discussion of potential policy considerations, including the design and effectiveness of U.S. programs; coordination between agencies and between international donors; and the question of whether policy responses to sexual violence can be separated from the broader context in which such violence occurs. The report includes a detailed case study of DRC, which has drawn particular attention from the Obama Administration and the 111th Congress.
Contributing Partner: UNT Libraries Government Documents Department
Closing the Guantanamo Detention Center: Legal Issues

Closing the Guantanamo Detention Center: Legal Issues

Date: March 28, 2011
Creator: Garcia, Michael John
Description: This report provides an overview of major legal issues that are likely to arise as a result of executive and legislative action to close the Guantanamo detention facility. It discusses legal issues related to the transfer or release of Guantanamo detainees, the continued detention of such persons in the United States, and the possible removal of persons brought to the United States. It considers selected constitutional issues that may arise in the criminal prosecution of detainees. Issues discussed include detainees’ right to a speedy trial, the prohibition against prosecution under ex post facto laws, and limitations upon the admissibility of hearsay and secret evidence in criminal cases.
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Detention of U.S. Persons as Enemy Belligerents

Detention of U.S. Persons as Enemy Belligerents

Date: February 1, 2012
Creator: Elsea, Jennifer K.
Description: The detainee provisions passed as part of the National Defense Authorization Act for FY2012 affirm that the Authorization for Use of Military Force in response to the terrorist attacks of September 11, 2001, authorizes the detention of persons captured in connection with hostilities. This report provides a background to the legal issues presented, followed by a brief introduction to the law of war pertinent to the detention of different categories of individuals. An overview of U.S. practice during wartime to detain persons deemed dangerous to the national security is presented.
Contributing Partner: UNT Libraries Government Documents Department
Detention of U.S. Persons as Enemy Belligerents

Detention of U.S. Persons as Enemy Belligerents

Date: April 11, 2012
Creator: Elsea, Jennifer K.
Description: The detainee provisions passed as part of the National Defense Authorization Act for FY2012 affirm that the Authorization for Use of Military Force in response to the terrorist attacks of September 11, 2001, authorizes the detention of persons captured in connection with hostilities. This report provides a background to the legal issues presented, followed by a brief introduction to the law of war pertinent to the detention of different categories of individuals. An overview of U.S. practice during wartime to detain persons deemed dangerous to the national security is presented.
Contributing Partner: UNT Libraries Government Documents Department
Iraq: Politics, Governance, and Human Rights

Iraq: Politics, Governance, and Human Rights

Date: April 19, 2011
Creator: Katzman, Kenneth
Description: Iraq's political transition from the dictatorship of Saddam Hussein to a plural polity that encompasses varying sects and ideological and political factions has been accomplished through a series of elections that began in 2005. However, disputes regarding various communities' claims on power and economic resources has contributed to popular frustration and continued political unrest. This report discusses these issues.
Contributing Partner: UNT Libraries Government Documents Department
The Obama Administration's Open Government Initiative: Issues for Congress

The Obama Administration's Open Government Initiative: Issues for Congress

Date: January 28, 2011
Creator: Ginsberg, Wendy R.
Description: This report reviews the objectives delineated in President Obama's Open Government Initiative (OGI) and examines the expectations placed on agencies to meet these objectives. This report reviews department and agency attempts to implement Obama Administration initiatives that seek to make the federal government more transparent, participatory, and collaborative. The report then analyzes options for congressional action in this area.
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Drones in Domestic Surveillance Operations: Fourth Amendment Implications and Legislative Responses

Drones in Domestic Surveillance Operations: Fourth Amendment Implications and Legislative Responses

Date: September 6, 2012
Creator: Thompson, Richard M., II
Description: This report first explores the potential uses of drones in the domestic sphere by federal, state, and local governments. It then surveys current Fourth Amendment jurisprudence, including cases surrounding privacy in the home, privacy in public spaces, location tracking, manned aerial surveillance, and those involving the national border. Next, it considers how existing jurisprudence may inform current and proposed drone uses. It then describes the various legislative measures introduced in the 112th Congress to address the legal and policy issues surrounding drones and, finally, briefly identifies several alternative approaches that may constrain the potential scope of drone surveillance.
Contributing Partner: UNT Libraries Government Documents Department