II 

111TH CONGRESS 

1ST SESSION S. 1071 

To protect the national security of the United States by limiting the immigration rights of individuals detained by the Department of Defense at 

Guantanamo Bay Naval Base. 

IN THE SENATE OF THE UNITED STATES 

MAY 19, 2009 

Mr. CHAMBLISS (for himself, Mr. VITTER, Mr. ISAKSON, Mr. INHOFE, Mr. 

BURR, and Mr. ROBERTS) introduced the following bill; which was read 

twice and referred to the Committee on the Judiciary 

A BILL 

To protect the national security of the United States by 

limiting the immigration rights of individuals detained 

by the Department of Defense at Guantanamo Bay 

Naval Base. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting America’s 

5 Communities Act’’. 

6 SEC. 2. INELIGIBILITY FOR ADMISSION OR PAROLE. 

7 Section 212 of the Immigration and Nationality Act 

8 (8 U.S.C. 1182) is amended— 


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1 (1) in subsection (a)(3), by adding at the end 

2 the following: 

3 ‘‘(G) GUANTANAMO BAY DETAINEES.—An 

4 alien who, as of January 1, 2009, was being de5 tained by the Department of Defense at Guan6 tanamo Bay Naval Base, is inadmissible.’’; and 

7 (2) in subsection (d)— 

8 (A) in paragraph (1), by inserting ‘‘or 

9 (5)(B)’’; and 

10 (B) in paragraph (5)(B), by adding at the 

11 end the following: ‘‘The Attorney General may 

12 not parole any alien who, as of January 1, 

13 2009, was being detained by the Department of 

14 Defense at Guantanamo Bay Naval Base.’’. 

15 SEC. 3. DETENTION AUTHORITY. 

16 Section 241(a) of the Immigration and Nationality 

17 Act (8 U.S.C. 1231(a)) is amended— 

18 (1) by striking ‘‘Attorney General’’ each place 

19 it appears, except for the first reference in para20 graph (4)(B)(i), and inserting ‘‘Secretary of Home21 land Security’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(8) GUANTANAMO BAY DETAINEES.— 

24 ‘‘(A) CERTIFICATION REQUIREMENT.—An 

25 alien ordered removed who, as of January 1, 


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1 2009, was being detained by the Department of 

2 Defense at Guantanamo Bay Naval Base, shall 

3 be detained for an additional 6 months beyond 

4 the removal period (including any extension 

5 under paragraph (1)(C)) if the Secretary of 

6 Homeland Security certifies that— 

7 ‘‘(i) the alien cannot be removed due 

8 to the refusal of all countries designated by 

9 the alien or under this section to receive 

10 the alien; and 

11 ‘‘(ii) the Secretary is making reason12 able efforts to find alternative means for 

13 removing the alien. 

14 ‘‘(B) RENEWAL AND DELEGATION OF CER15 TIFICATION.— 

16 ‘‘(i) RENEWAL.—The Secretary may 

17 renew a certification under subparagraph 

18 (A) without limitation after providing the 

19 alien with an opportunity to— 

20 ‘‘(I) request reconsideration of 

21 the certification; and 

22 ‘‘(II) submit documents or other 

23 evidence in support of the reconsider24 ation request. 


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1 ‘‘(ii) DELEGATION.—Notwithstanding 

2 section 103, the Secretary may not dele3 gate the authority to make or renew a cer4 tification under this paragraph to an offi5 cial below the level of the Assistant Sec6 retary for Immigration and Customs En7 forcement. 

8 ‘‘(C) INELIGIBILITY FOR BOND OR PA9 ROLE.—No immigration judge or official of 

10 United States Immigration and Customs En11 forcement may release from detention on bond 

12 or parole any alien described in subparagraph 

13 (A).’’. 

14 SEC. 4. ASYLUM INELIGIBILITY. 

15 Section 208(a)(2) of the Immigration and Nationality 

16 Act (8 U.S.C. 1158(a)(2)) is amended by adding at the 

17 end the following: 

18 ‘‘(E) GUANTANAMO BAY DETAINEES.— 

19 Paragraph (1) shall not apply to any alien who, 

20 as of January 1, 2009, was being detained by 

21 the Department of Defense at Guantanamo Bay 

22 Naval Base.’’. 


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1 SEC. 5. MANDATORY DETENTION OF ALIENS FROM GUAN2 TANAMO BAY NAVAL BASE. 

3 Section 236(c)(1) of the Immigration and Nationality 

4 Act (8 U.S.C. 1226(c)(1)) is amended— 

5 (1) in each of subparagraphs (A) and (B), by 

6 striking the comma at the end and inserting a semi7 colon; 

8 (2) in subparagraph (C), by striking ‘‘, or’’ and 

9 inserting a semicolon; 

10 (3) in subparagraph (D), by striking the comma 

11 at the end and inserting ‘‘; or’’; and 

12 (4) by inserting after subparagraph (D) the fol13 lowing: 

14 ‘‘(A) as of January 1, 2009, was being de15 tained by the Department of Defense at Guan16 tanamo Bay Naval Base.’’. 

17 SEC. 6. STATEMENT OF AUTHORITY. 

18 (a) IN GENERAL.—Congress reaffirms that— 

19 (1) the United States is in an armed conflict 

20 with al Qaeda, the Taliban, and associated forces; 

21 and 

22 (2) the entities referred to in paragraph (1) 

23 continue to pose a threat to the United States and 

24 its citizens, both domestically and abroad. 

25 (b) AUTHORITY.—Congress reaffirms that the Presi26 dent is authorized to detain enemy combatants in connecVerDate Nov 24 2008 01:39 May 22, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1071.IS S1071

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1 tion with the continuing armed conflict with al Qaeda, the 

2 Taliban, and associated forces until the termination of 

3 such conflict, regardless of the place at which they are 

4 captured. 

5 (c) RULE OF CONSTRUCTION.—The authority de6 scribed in this section may not be construed to alter or 

7 limit the authority of the President under the Constitution 

8 of the United States to detain enemy combatants in the 

9 continuing armed conflict with al Qaeda, the Taliban, and 

10 associated forces, or in any other armed conflict. 

Æ 


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