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U.N. Convention Against Torture (CAT): Overview and Application to Interrogation Techniques

Description: This report discusses the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) requires signatory parties to take measures to end torture within their territorial jurisdiction and to criminalize all acts of torture.
Date: November 7, 2005
Creator: Garcia, Michael J.
Partner: UNT Libraries Government Documents Department

The War Crimes Act: Current Issues

Description: This report discusses current issues related to the War Crimes Act of 1996 and Common Article 3 of the 1949 Geneva Conventions, which sets out minimum standards for the treatment of detainees in armed conflicts "not of an international character (e.g., civil wars, rebellions, and other conflicts between State and non-State actors).
Date: January 28, 2008
Creator: Garcia, Michael J.
Partner: UNT Libraries Government Documents Department

Barriers Along the U.S. Borders: Key Authorities and Requirements

Description: This report discusses key statutory authorities and requirements governing the Department of Homeland Security's (DHS) construction of barriers along the U.S. borders. It also includes appendixes listing federal laws that have been waived by DHS in furtherance of border construction projects.
Date: January 27, 2017
Creator: Garcia, Michael J.
Partner: UNT Libraries Government Documents Department

Interrogation of Detainees: Overview of the McCain Amendment

Description: Controversy 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) and the 1949 Geneva Conventions. Congress approved additional guidelines concerning the treatment of detainees via the Detainee Treatment Act (DTA), which was enacted pursuant to both the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109-148), and the National Defense Authorization Act for FY2006 (P.L. 109-163). Among other things, the DTA contains provisions that (1) require Department of Defense (DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the “cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.” These provisions of the DTA, which were first introduced by Senator John McCain, have popularly been referred to as the “McCain amendment.” This report discusses the McCain amendment, as modified and subsequently enacted into law.
Date: September 20, 2006
Creator: Garcia, Michael J.
Partner: UNT Libraries Government Documents Department

Interrogation of Detainees: Overview of the McCain Amendment

Description: This report discusses the Detainee Treatment Act (DTA), which contains provisions that (1) require Department of Defense (DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the “cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.” These provisions of the DTA, which were first introduced by Senator John McCain, have popularly been referred to as the “McCain amendment.” This report discusses the McCain amendment, as modified and subsequently enacted into law. This report also discusses the application of the McCain amendment by the DOD in the updated 2006 version of the Army Field Manual, particularly in light of the Supreme Court’s ruling in Hamdan v. Rumsfeld.
Date: September 20, 2006
Creator: Garcia, Michael J.
Partner: UNT Libraries Government Documents Department

State and Local Economic Sanctions: Constitutional Issues

Description: This report discusses the Constitutionality and ongoing legal concerns of sanctions enacted by states and localities restricting their agencies from conducting economic transactions with firms that do business with or in foreign countries whose conduct the jurisdictions find objectionable.
Date: February 20, 2013
Creator: Garcia, Michael J.
Partner: UNT Libraries Government Documents Department

International Law and Agreements: Their Effect Upon U.S. Law

Description: This report provides an introduction to the roles that international law and agreements play in the United States. International law is derived from two primary sources--international agreements and customary practice. Under the U.S. legal system, international agreements can be entered into by means of a treaty or an executive agreement. The Constitution allocates primary responsibility for entering into such agreements to the executive branch, but Congress also plays an essential role.
Date: January 26, 2010
Creator: Garcia, Michael J.
Partner: UNT Libraries Government Documents Department

Barriers Along the U.S. Borders: Key Authorities and Requirements

Description: This report discusses key statutory authorities and requirements governing the Department of Homeland Security's (DHS) construction of barriers along the U.S. borders. It also includes appendixes listing federal laws that have been waived by DHS in furtherance of border construction projects.
Date: April 8, 2015
Creator: Garcia, Michael J.
Partner: UNT Libraries Government Documents Department

The U.N. Convention Against Torture: Overview of U.S. Implementation Policy Concerning the Removal of Aliens

Description: This report discusses the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT), which requires signatory parties to take measures to end torture within their territorial jurisdictions.
Date: January 21, 2009
Creator: Garcia, Michael J.
Partner: UNT Libraries Government Documents Department

NATO Enlargement: Senate Advice and Consent

Description: This report describes the provisions of the North Atlantic Treaty and of the original Senate debate in 1949 pertinent to enlargement and the procedures that have been followed for each subsequent enlargement proposal. It also discusses what the Senate did with respect to the reunification of Germany in 1990 and the implications of that event for Germany's membership in NATO.
Date: January 16, 2009
Creator: Garcia, Michael J.
Partner: UNT Libraries Government Documents Department

NATO Enlargement: Senate Advice and Consent

Description: This report describes the provisions of the North Atlantic Treaty and of the original Senate debate in 1949 pertinent to enlargement and the procedures that have been followed for each subsequent enlargement proposal. It also discusses what the Senate did with respect to the reunification of Germany in 1990 and the implications of that event for Germany's membership in NATO.
Date: January 16, 2009
Creator: Garcia, Michael J.
Partner: UNT Libraries Government Documents Department

The War Crimes Act: Current Issues

Description: This report discusses current issues related to the War Crimes Act of 1996 and Common Article 3 of the 1949 Geneva Conventions, which sets out minimum standards for the treatment of detainees in armed conflicts "not of an international character (e.g., civil wars, rebellions, and other conflicts between State and non-State actors).
Date: January 22, 2009
Creator: Garcia, Michael J.
Partner: UNT Libraries Government Documents Department

U.N. Convention Against Torture (CAT): Overview and Application to Interrogation Techniques

Description: This report discusses the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) requires signatory parties to take measures to end torture within their territorial jurisdiction and to criminalize all acts of torture.
Date: January 26, 2009
Creator: Garcia, Michael J.
Partner: UNT Libraries Government Documents Department

Immigration-Related Document Fraud: Overview of Civil, Criminal, and Immigration Consequences

Description: This report discusses the primary civil, criminal, and immigration-related penalties associated with immigration-related document fraud. In order to enter or remain in the United States and be eligible for various immigration-related benefits, non-citizens (aliens) must comply with a number of document requirements under the Immigration and Nationality Act (INA).
Date: January 23, 2009
Creator: Kim, Yule & Garcia, Michael J.
Partner: UNT Libraries Government Documents Department

Unaccompanied Alien Children--Legal Issues: Answers to Frequently Asked Questions

Description: This report addresses the questions regarding the number of children arriving at the United States southern border, their reasons for coming to the United States, and current and potential responses of the federal government and other entities to their arrival.
Date: January 27, 2016
Creator: Manuel, Kate M. & Garcia, Michael J.
Partner: UNT Libraries Government Documents Department

Wartime Detention Provisions in Recent Defense Authorization Legislation

Description: This report offers a brief background of the salient issues raised by the detainee provisions of the FY2012 NDAA, provides a section-by-section analysis, and discusses executive interpretation and implementation of the act's mandatory military detention provision. It also addresses detainee provisions in subsequent defense authorization legislation.
Date: March 14, 2016
Creator: Elsea, Jennifer K. & Garcia, Michael J.
Partner: UNT Libraries Government Documents Department

The National Defense Authorization Act for FY2012 and Beyond: Detainee Matters

Description: This report offers a brief background of the salient issues raised by the detainee provisions of the FY2012 NDAA, provides a section-by-section analysis, and discusses executive interpretation and implementation of the act's mandatory military detention provision. It also addresses detainee provisions in the National Defense Authorization Act for FY2013, P.L. 112-239, as well as detainee provisions in the National Defense Authorization Act for FY2014 (H.R. 1960, S. 1197).
Date: August 27, 2013
Creator: Elsea, Jennifer K. & Garcia, Michael J.
Partner: UNT Libraries Government Documents Department

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Description: This report provides an overview of the early judicial developments and the establishment of Combatant Status Review Tribunals (CSRTs) procedures; summarizes selected court cases related to the detentions and the use of military commissions; and discusses the Detainee Treatment Act, as amended by the Military Commissions Act of 2006 and the Military Commissions Act of 2009, analyzing its effects on detainee-related litigation in federal court. The report summarizes the Supreme Court's decision in Boumediene invalidating Congress's efforts to revoke the courts' habeas jurisdiction, and discusses some remaining issues and subsequent developments.
Date: April 5, 2010
Creator: Elsea, Jennifer K. & Garcia, Michael J.
Partner: UNT Libraries Government Documents Department

Wartime Detention Provisions in Recent Defense Authorization Legislation

Description: This report offers a brief background of the salient issues and provides a section-by-section analysis of the detainee provisions in the National Defense Authorization Act for FY2012. It also discusses executive interpretation and implementation of the Act's mandatory military detention provision. Finally, it addresses detainee provisions in the 2013 NDAA, the 2014 NDAA, and the 2015 NDAA.
Date: January 23, 2015
Creator: Elsea, Jennifer K. & Garcia, Michael J.
Partner: UNT Libraries Government Documents Department