Speech #1140000311

I believe that the time is now to end the legal ambiguities. and have Congress state clearly. once and for all. that the AUMF or other authorities do not authorize indefinite detention of Americans apprehended in the U.S. To accomplish this. we are introducing legislation again this year which affirms and strengthens the principles behind the NonDetention Act of 1971. It amends the NonDetention Act to provide clearly that no military authorization allows the indefinite detention of U.S. citizens or Green Card holders who are apprehended inside the U.S. Like the amendment that passed with 67 votes in 2012. the bill creates a new subsection (b) of the NonDetention Act which clearly states: "A general authorization to use military force. a declaration of war. or any similar authority. on its own. shall not be construed to authorize the imprisonment or detention without charge or trial of a citizen or lawful permanent resident of the United States apprehended in the United States." Like the previous version. this bill amends the NonDetention Act to codify the Second Circuits "Clear Statement Rule" from the Padilla case. So new subsection (a) will read. "No citizen or lawful permanent resident of the United States shall be imprisoned or otherwise detained by the United States except consistent with the Constitution and pursuant to an act of Congress that expressly authorizes such imprisonment or detention." Making the Clear Statement Rule part of subsection (a) strengthens the NonDetention Act even more by requiring Congress to be explicit if it wants to detain U.S. citizens indefinitely. Subsection (b) clarifies that an authorization to use military force. a declaration of war. or any similar authority does not authorize the indefinite detention of a U.S. citizen or a Lawful Permanent Resident of the U.S.. also known as a Green Card holder. Some may ask why this legislation protects Green Card holders as well as citizens. And others may ask why the bill does not protect all persons" apprehended in the U.S. from indefinite detention. Let me make clear that I would support providing the protections in this amendment to all persons in the United States. whether lawfully or unlawfully present. But the question comes. is there enough political support to expand this amendment to cover others besides U.S. citizens and Green Card holders? Wherever we draw the line on who should be covered by this legislation. I believe it violates fundamental American rights to allow anyone apprehended on U.S. soil to be detained without charge or trial. The FBI and other law enforcement agencies have proven. time and again. that they are up to the challenge of detecting. stopping. arresting. and convicting terrorists found on U.S. soil. having successfully arrested. detained and convicted hundreds of these heinous people. both before and after 911. Specifically. there have been 556 terrorismrelated convictions in federal criminal court between 9111 and the end of 2013. according to the Department of Justice. Also. it is important to understand that suspected terrorists who may be in the U.S. illegally can be detained within the criminal justice system using at least the following 4 options: They can be charged with a Federal or State crime and held. they can be held for violating immigration laws. they can be held as material witnesses as part of Federal grand jury proceedings. and they can be held for up to 6 months under Section 412 of the Patriot Act. I want to be very clear about what this bill is and is not about. It is not about whether citizens such as Hamdi and Padilla. or others who would do us harm. should be captured. interrogated. incarcerated. and severely punished.