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.
About This Bill
Committee
Latest Action · June 3, 2019
Read twice and referred to the Committee on the Judiciary.
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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