Congressional Research Service Reports - 65 Matching Results

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The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice

Description: This report provides a background and analysis comparing military commissions as envisioned under M.C.O. No. 1 to general military courts-martial conducted under the UCMJ. The report notes some of the criticism directed at the President’s M.O., and explains how those concerns are addressed by the military commission orders and instructions. The report provides two charts to compare the regulations issued by the Department of Defense and standard procedures for general courts-martial under the Manual for Courts-Martial. The second chart, which compares procedural safeguards incorporated in the regulations with established procedures in courts martial, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts, in order to facilitate comparison with safeguards provided in federal court and the International Criminal Court.
Date: March 10, 2004
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Detention of American Citizens as Enemy Combatants

Description: This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. The report addresses the constitutional and statutory sources that arguably provide authority for the detention of enemy combatants, as well as those that may prevent the exercise of that power with respect to U.S. citizens. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain is necessarily implied by an authorization to use force. Finally, the report briefly analyzes the Detention of Enemy Combatants Act, H.R. 1029, which would authorize the President to detain U.S. citizens and residents who are determined to be “enemy combatants” in certain circumstances.
Date: March 15, 2004
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Enforcing Immigration Law: The Role of State and Local Law Enforcement

Description: This report examines the role of state and local law enforcement in enforcing immigration law. The discussion is limited to the role of state and local law enforcement in the investigation, arrest, and detention of all immigration violators. The report does not discuss the prosecution, adjudication, or removal of aliens who violate the law. The report opens with a brief discussion of the types of immigration interior enforcement activities that the former Immigration and Naturalization Service (INS) pursued and the current immigration activities that are now the focus of the Department of Homeland Security (DHS). A discussion of the legal authority that permits state and local law enforcement to enforce immigration law under certain circumstances follows. Current administrative efforts to involve state and local law enforcement in enforcing immigration law as well as selected issues are discussed. The report concludes with a discussion of the pros and cons of such a policy and an analysis of policy options for Congress.
Date: March 11, 2004
Creator: Seghetti, Lisa M.; Viña, Stephen R. & Ester, Karma
Partner: UNT Libraries Government Documents Department