Detention of U.S. Citizens Metadata
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Title
- Main Title Detention of U.S. Citizens
Creator
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Author: Fisher, LouisCreator Type: PersonalCreator Info: Government and Finance Division
Publisher
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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
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Name: Congressional Research Service ReportsCode: CRSR
Institution
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Name: UNT Libraries Government Documents DepartmentCode: 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