It guarantees an opportunity to go to court. with the aid of a lawyer. to prove ones innocence. This fundamental protection was rolled back in an unprecedented and unnecessary way in the run up to last falls election by passage of the Military Commissions Act. 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 and pay taxes in America and are lawful residents. 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