The Military Commissions Act went far beyond eliminating the rights of the remaining detainees at Guantanamoit also potentially can reach all 12 million lawful permanent residents in the United States. as well as visitors to our country. Under this law. any of these people can be detained. potentially forever. without any ability to challenge their detention in Federal court. simply based on the Government declaring them enemy combatants. In fact. the Government need not even find that a noncitizen is an enemy combatant for their habeas rights to be stripped. It is enough for someone to be "awaiting" a determination--of a mere accusation is enough for a person to lose this basic right. Here is what the Military Commissions Act says: No court. justice. or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.
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noncitizen