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.
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
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
Introduced in Senate
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.
Conflicts and warsConstitution and constitutional amendmentsCorrectional facilities and imprisonmentCriminal procedure and sentencingDetention of personsImmigration status and proceduresMilitary operations and strategyWar and emergency powers