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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1071 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting America's Communities 
Act''.

SEC. 2. INELIGIBILITY FOR ADMISSION OR PAROLE.

    Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) 
is amended--
            (1) in subsection (a)(3), by adding at the end the 
        following:
                    ``(G) Guantanamo bay detainees.--An alien who, as 
                of January 1, 2009, was being detained by the 
                Department of Defense at Guantanamo Bay Naval Base, is 
                inadmissible.''; and
            (2) in subsection (d)--
                    (A) in paragraph (1), by inserting ``or (5)(B)''; 
                and
                    (B) in paragraph (5)(B), by adding at the end the 
                following: ``The Attorney General may not parole any 
                alien who, as of January 1, 2009, was being detained by 
                the Department of Defense at Guantanamo Bay Naval 
                Base.''.

SEC. 3. DETENTION AUTHORITY.

    Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 
1231(a)) is amended--
            (1) by striking ``Attorney General'' each place it appears, 
        except for the first reference in paragraph (4)(B)(i), and 
        inserting ``Secretary of Homeland Security''; and
            (2) by adding at the end the following:
            ``(8) Guantanamo bay detainees.--
                    ``(A) Certification requirement.--An alien ordered 
                removed who, as of January 1, 2009, was being detained 
                by the Department of Defense at Guantanamo Bay Naval 
                Base, shall be detained for an additional 6 months 
                beyond the removal period (including any extension 
                under paragraph (1)(C)) if the Secretary of Homeland 
                Security certifies that--
                            ``(i) the alien cannot be removed due to 
                        the refusal of all countries designated by the 
                        alien or under this section to receive the 
                        alien; and
                            ``(ii) the Secretary is making reasonable 
                        efforts to find alternative means for removing 
                        the alien.
                    ``(B) Renewal and delegation of certification.--
                            ``(i) Renewal.--The Secretary may renew a 
                        certification under subparagraph (A) without 
                        limitation after providing the alien with an 
                        opportunity to--
                                    ``(I) request reconsideration of 
                                the certification; and
                                    ``(II) submit documents or other 
                                evidence in support of the 
                                reconsideration request.
                            ``(ii) Delegation.--Notwithstanding section 
                        103, the Secretary may not delegate the 
                        authority to make or renew a certification 
                        under this paragraph to an official below the 
                        level of the Assistant Secretary for 
                        Immigration and Customs Enforcement.
                    ``(C) Ineligibility for bond or parole.--No 
                immigration judge or official of United States 
                Immigration and Customs Enforcement may release from 
                detention on bond or parole any alien described in 
                subparagraph (A).''.

SEC. 4. ASYLUM INELIGIBILITY.

    Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1158(a)(2)) is amended by adding at the end the following:
                    ``(E) Guantanamo bay detainees.--Paragraph (1) 
                shall not apply to any alien who, as of January 1, 
                2009, was being detained by the Department of Defense 
                at Guantanamo Bay Naval Base.''.

SEC. 5. MANDATORY DETENTION OF ALIENS FROM GUANTANAMO BAY NAVAL BASE.

    Section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C. 
1226(c)(1)) is amended--
            (1) in each of subparagraphs (A) and (B), by striking the 
        comma at the end and inserting a semicolon;
            (2) in subparagraph (C), by striking ``, or'' and inserting 
        a semicolon;
            (3) in subparagraph (D), by striking the comma at the end 
        and inserting ``; or''; and
            (4) by inserting after subparagraph (D) the following:
                    ``(A) as of January 1, 2009, was being detained by 
                the Department of Defense at Guantanamo Bay Naval 
                Base.''.

SEC. 6. STATEMENT OF AUTHORITY.

    (a) In General.--Congress reaffirms that--
            (1) the United States is in an armed conflict with al 
        Qaeda, the Taliban, and associated forces; and
            (2) the entities referred to in paragraph (1) continue to 
        pose a threat to the United States and its citizens, both 
        domestically and abroad.
    (b) Authority.--Congress reaffirms that the President is authorized 
to detain enemy combatants in connection with the continuing armed 
conflict with al Qaeda, the Taliban, and associated forces until the 
termination of such conflict, regardless of the place at which they are 
captured.
    (c) Rule of Construction.--The authority described in this section 
may not be construed to alter or limit the authority of the President 
under the Constitution of the United States to detain enemy combatants 
in the continuing armed conflict with al Qaeda, the Taliban, and 
associated forces, or in any other armed conflict.
                                 <all>
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