Due Process Guarantee Act This bill limits the detention authority of the United States. Current law prohibits the indefinite detention of a U.S. citizen unless it is authorized by an act of Congress. This bill prohibits the indefinite detention of a U.S. citizen or lawful permanent resident unless it is authorized by an act of Congress that (1) is consistent with the Constitution, and (2) expressly authorizes the detention. Additionally, the bill specifies that no U.S. citizen or lawful permanent resident who is apprehended in the United States may be imprisoned or otherwise detained without charge or trial unless such imprisonment or detention is expressly authorized by an act of Congress. Finally, it specifies that a general authorization to use military force or similar measure, on its own, does not authorize the indefinite detention of a person who is arrested in the United States.
Get AI-generated questions to help you understand this bill better
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 personsDue process and equal protectionImmigration status and proceduresMilitary operations and strategyWar and emergency powers
Due Process Guarantee Act
USA116th CongressS-1702| Senate
| Updated: 6/3/2019
Due Process Guarantee Act This bill limits the detention authority of the United States. Current law prohibits the indefinite detention of a U.S. citizen unless it is authorized by an act of Congress. This bill prohibits the indefinite detention of a U.S. citizen or lawful permanent resident unless it is authorized by an act of Congress that (1) is consistent with the Constitution, and (2) expressly authorizes the detention. Additionally, the bill specifies that no U.S. citizen or lawful permanent resident who is apprehended in the United States may be imprisoned or otherwise detained without charge or trial unless such imprisonment or detention is expressly authorized by an act of Congress. Finally, it specifies that a general authorization to use military force or similar measure, on its own, does not authorize the indefinite detention of a person who is arrested in the United States.
Conflicts and warsConstitution and constitutional amendmentsCorrectional facilities and imprisonmentCriminal procedure and sentencingDetention of personsDue process and equal protectionImmigration status and proceduresMilitary operations and strategyWar and emergency powers