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A bill to clarify that an authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States, and for other purposes.

USA115th CongressS-1216| Senate 
| Updated: 5/24/2017
Mike Lee

Mike Lee

Republican Senator

Utah

Cosponsors (5)
Dianne Feinstein (Democratic)Christopher A. Coons (Democratic)Sheldon Whitehouse (Democratic)Ted Cruz (Republican)Susan M. Collins (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Due Process Guarantee Act This bill amends the federal criminal code to limit the detention authority of the United States. Current law prohibits the indefinite detention of a U.S. citizen by the United States unless it is authorized by an act of Congress. This bill prohibits the indefinite detention of a U.S. citizen or lawful permanent resident by the United States unless it is consistent with the Constitution and expressly authorized by an act of Congress. Additionally, it specifies that a general authorization to use military force or similar measure, on its own, does not authorize the indefinite detention of a citizen or lawful permanent resident who is arrested in the United States.
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Timeline
May 24, 2017
Introduced in Senate
May 24, 2017
Read twice and referred to the Committee on the Judiciary.
  • May 24, 2017
    Introduced in Senate


  • May 24, 2017
    Read twice and referred to the Committee on the Judiciary.

Crime and Law Enforcement

Conflicts and warsConstitution and constitutional amendmentsCorrectional facilities and imprisonmentCriminal procedure and sentencingDetention of personsImmigration status and proceduresMilitary operations and strategyWar and emergency powers

A bill to clarify that an authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States, and for other purposes.

USA115th CongressS-1216| Senate 
| Updated: 5/24/2017
Due Process Guarantee Act This bill amends the federal criminal code to limit the detention authority of the United States. Current law prohibits the indefinite detention of a U.S. citizen by the United States unless it is authorized by an act of Congress. This bill prohibits the indefinite detention of a U.S. citizen or lawful permanent resident by the United States unless it is consistent with the Constitution and expressly authorized by an act of Congress. Additionally, it specifies that a general authorization to use military force or similar measure, on its own, does not authorize the indefinite detention of a citizen or lawful permanent resident who is arrested in the United States.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
May 24, 2017
Introduced in Senate
May 24, 2017
Read twice and referred to the Committee on the Judiciary.
  • May 24, 2017
    Introduced in Senate


  • May 24, 2017
    Read twice and referred to the Committee on the Judiciary.
Mike Lee

Mike Lee

Republican Senator

Utah

Cosponsors (5)
Dianne Feinstein (Democratic)Christopher A. Coons (Democratic)Sheldon Whitehouse (Democratic)Ted Cruz (Republican)Susan M. Collins (Republican)

Judiciary Committee

Crime and Law Enforcement

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Conflicts and warsConstitution and constitutional amendmentsCorrectional facilities and imprisonmentCriminal procedure and sentencingDetention of personsImmigration status and proceduresMilitary operations and strategyWar and emergency powers