Search Results

open access

Immigration-Related Detention: Current Legislative Issues

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 justn… more
Date: January 12, 2012
Creator: Siskin, Alison
Partner: UNT Libraries Government Documents Department
open access

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

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.
Date: September 26, 2006
Creator: Elsea, Jennifer K. & Thomas, Kenneth
Partner: UNT Libraries Government Documents Department
open access

Immigration-Related Detention: Current Legislative Issues

Description: The attacks of September 11, 2001, have increased interest in the authority under statute to detain noncitizens (aliens) in the United States. Under the law there is broad authority to detain aliens while awaiting a determination of whether the noncitizen should be removed from the United States. The law also mandates that certain categories of aliens are subject to mandatory detention (i.e., the aliens must be detained).
Date: April 28, 2004
Creator: Siskin, Alison
Partner: UNT Libraries Government Documents Department
open access

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

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… more
Date: September 13, 2005
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department
open access

Guantanamo Detainees: Habeas Corpus Challenges in Federal Court

Description: This report provides an overview of the Combatant Status Review Tribunal procedures, summarizes court cases related to the detentions and the use of military commissions, and summarizes the Graham Amendment and analyzes how it might affect detainee-related litigation in federal court.
Date: December 7, 2005
Creator: Elsea, Jennifer K. & Thomas, Kenneth
Partner: UNT Libraries Government Documents Department
open access

Interrogation of Detainees: Overview of the McCain Amendment

Description: This report discusses the recent controversy that has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with U.S. statutes and treaties such as the U.N. Convention Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT). Congress recently approved additional guidelines concerning the treatment of detainees. The Department of Defense, Emergency… more
Date: January 24, 2006
Creator: Garcia, Michael John
Partner: UNT Libraries Government Documents Department
open access

Enemy Combatant Detainees:

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 … more
Date: September 26, 2006
Creator: Elsea, Jennifer K. & Thomas, Kenneth R.
Partner: UNT Libraries Government Documents Department
open access

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)

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.
Date: September 8, 2005
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department
Back to Top of Screen