It guarantees an opportunity to go to court. with the aid of a lawyer. to prove ones innocence. As Justice Scalia stated in the Hamdi case: "The very core of liberty secured by our AngloSaxon system of separated powers has been freedom from indefinite imprisonment at the will of the Executive." The remedy that secures that most basic of freedoms is habeas corpus. The Military Commissions Act eliminated that right. permanently. for any noncitizen determined to be an enemy combatant. or even "awaiting" such a determination. That includes the approximately 12 million lawful permanent residents in the United States today. people who work for American firms. raise American kids. and pay American taxes. This new law means that any of these people can be detained. forever. without any ability to challenge their detention in federal courtor anywhere elsesimply on the Governments sayso that they are awaiting determination whether they are enemy combatants.
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noncitizen