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.
Contributing Partner: UNT Libraries Government Documents Department
Arrest and Detention of Material Witnesses and the USA PATRIOT Act and Terrorism Reauthorization Act (H.R. 3199): A Sketch

Arrest and Detention of Material Witnesses and the USA PATRIOT Act and Terrorism Reauthorization Act (H.R. 3199): A Sketch

Date: September 13, 2005
Creator: Doyle, Charles
Description: Section 12 of the USA PATRIOT and Terrorism Prevention Reauthorization Act (H.R. 3199), as reported by the House Judiciary Committee, directed the Department of Justice to review the detention of individuals under the federal material witness statute, including their length of detention], conditions of access to counsel, frequency of access to counsel, offense at issue, and frequency of appearance before a grand jury. This report illustrates the level of controversy easily generated by material witness statutes.
Contributing Partner: UNT Libraries Government Documents Department
Arrest and Detention of Material Witnesses: Federal Law In Brief and Section 12 of the USA PATRIOT and Terrorism Prevention Reauthorization Act (H.R. 3199)

Arrest and Detention of Material Witnesses: Federal Law In Brief and Section 12 of the USA PATRIOT and Terrorism Prevention Reauthorization Act (H.R. 3199)

Date: September 8, 2005
Creator: Doyle, Charles
Description: This report is an overview of the law under the federal material witness statute which authorizes the arrest of material witnesses, permits their release under essentially the same bail laws that apply to federal criminal defendants, but favors their release after their depositions have taken. A list of citations to comparable state statutes and a bibliography of law review articles and notes are appended.
Contributing Partner: UNT Libraries Government Documents Department
Interrogation of Detainees: Overview of the McCain Amendment

Interrogation of Detainees: Overview of the McCain Amendment

Date: January 24, 2006
Creator: Garcia, Michael John
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Date: September 26, 2006
Creator: Elsea, Jennifer K. & Thomas, Kenneth
Description: There have been inconsistent opinions in the District Court for the District of Columbia as to whether detainees who are suspected of connections to terrorist actions have any enforceable rights to challenge their treatment and detention. This report describes issues surrounding the writ of habeas corpus as it relates to detaining and imprisonment in matters of counterterrorism. This report also includes several legal cases and pieces of legislation in regards to this issue.
Contributing Partner: UNT Libraries Government Documents Department
Enemy Combatant Detainees:

Enemy Combatant Detainees:

Date: September 26, 2006
Creator: Elsea, Jennifer K & Thomas, Kenneth R
Description: In Rasul v. Bush, a divided Supreme Court declared that “a state of war is not a blank check for the president” and ruled that persons deemed “enemy combatants” have the right to challenge their detention before a judge or other “neutral decision-maker.” This report provides an overview of the CSRT procedures, summarizes court cases related to the detentions and the use of military commissions, and summarizes the Detainee Treatment Act, analyzing how it might affect detainee-related litigation in federal court.
Contributing Partner: UNT Libraries Government Documents Department
Overview and Analysis of Senate Amendment Concerning Interrogation of Detainees

Overview and Analysis of Senate Amendment Concerning Interrogation of Detainees

Date: November 2, 2005
Creator: Wood, Lee
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Guantanamo Detainees: Habeas Corpus Challenges in Federal Court

Guantanamo Detainees: Habeas Corpus Challenges in Federal Court

Date: December 7, 2005
Creator: Elsea, Jennifer K & Thomas, Kenneth R
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Immigration-Related Detention: Current Legislative Issues

Immigration-Related Detention: Current Legislative Issues

Date: April 28, 2004
Creator: Siskin, Alison
Description: None
Contributing Partner: UNT Libraries Government Documents Department