Detention of U.S. Citizens Metadata

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Title

  • Main Title Detention of U.S. Citizens

Creator

  • Author: Fisher, Louis
    Creator Type: Personal
    Creator Info: Government and Finance Division

Publisher

  • Name: Library of Congress. Congressional Research Service.
    Place of Publication: Washington D.C.

Date

  • Creation: 2005-04-28

Language

  • English

Description

  • Content Description: In 1971, Congress passed legislation to repeal the Emergency Detention Act of 1950 and to enact the following language: “No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress.” The new language, codified at 18 U.S.C. §4001(a), is called the Non-Detention Act. This statutory provision received attention after the 9/11 terrorist attacks when the Administration designated certain U.S. citizens as “enemy combatants” and claimed the right to detain them indefinitely without charging them, bringing them to trial, or giving them access to counsel. In litigation over Yaser Esam Hamdi and Jose Padilla, both designated enemy combatants, the Administration has argued that the Non-Detention Act restricts only imprisonments and detentions by the Attorney General, not by the President or military authorities.
  • Physical Description: 6 pages.

Subject

  • Legislative Indexing Vocabulary: Civil liberties
  • Legislative Indexing Vocabulary: Counterterrorism - National policy - U.S.
  • Legislative Indexing Vocabulary: Detention of persons
  • Legislative Indexing Vocabulary: Defense policy
  • Legislative Indexing Vocabulary: Criminal justice

Collection

  • Name: Congressional Research Service Reports
    Code: CRSR

Institution

  • Name: UNT Libraries Government Documents Department
    Code: UNTGD

Resource Type

  • Report

Format

  • Text

Identifier

  • CRS Report Number: RS22130
  • Accession or Local Control No: RS22130 2005-04-28
  • Archival Resource Key: ark:/67531/metacrs6144
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