Legis Daily

Due Process Guarantee Act

USA117th CongressS-2718| Senate 
| Updated: 9/13/2021
Dianne Feinstein

Dianne Feinstein

Democratic Senator

California

Cosponsors (4)
Mike Lee (Republican)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 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.
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Timeline

Bill from Previous Congress

S 116-1702
Due Process Guarantee Act
Sep 13, 2021
Introduced in Senate
Sep 13, 2021
Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S6458-6459; text: CR S6459)
  • Bill from Previous Congress

    S 116-1702
    Due Process Guarantee Act


  • September 13, 2021
    Introduced in Senate


  • September 13, 2021
    Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S6458-6459; text: CR S6459)

Crime and Law Enforcement

Due Process Guarantee Act

USA117th CongressS-2718| Senate 
| Updated: 9/13/2021
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.
View Full Text

Suggested Questions

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

Timeline

Bill from Previous Congress

S 116-1702
Due Process Guarantee Act
Sep 13, 2021
Introduced in Senate
Sep 13, 2021
Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S6458-6459; text: CR S6459)
  • Bill from Previous Congress

    S 116-1702
    Due Process Guarantee Act


  • September 13, 2021
    Introduced in Senate


  • September 13, 2021
    Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S6458-6459; text: CR S6459)
Dianne Feinstein

Dianne Feinstein

Democratic Senator

California

Cosponsors (4)
Mike Lee (Republican)Sheldon Whitehouse (Democratic)Ted Cruz (Republican)Susan M. Collins (Republican)

Judiciary Committee

Crime and Law Enforcement

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted