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It Allows for Indefinite Detention of Lawful Residents Inside United States
AAI, September 30, 2006
The Arab American Institute is deeply concerned with changes in the latest draft of the "military commissions" legislation currently being debated by the Senate.
With regard to habeas corpus—the means by which an individual can challenge their detention in a court of law—the bill states that "no court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination."
Changes made over the weekend removed the phrase "outside of the United States" from this section of the bill. This would allow the federal government to indefinitely detain individuals—including green-card holders, students, and other legal visitors—without allowing them to challenge their detention in court.
"This bill would fundamentally change what America stands for," said AAI President James Zogby. "The idea that individuals legally in the United States could be thrown in jail indefinitely without being charged and without the opportunity to rebut the accusations against them, violates the Bill of Rights."
In addition, the definition of "enemy combatant" has been expanded to include anyone who gives "material support" to America's enemies and its allies. This raises specific concern for the American Muslim community for whom the giving of "zakat," or charity, is a religious obligation. It is unclear if individuals who give to a charity in good faith will later be held accountable if that charity comes under scrutiny.
Legal Residents' Rights Curbed in Detainee Bill by Farah Stockman, The Globe, September 28, 2006
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Founded in 1985, the Arab American Institute (AAI) is a nonprofit organization committed to the civic and political empowerment of Americans of Arab descent. AAI provides policy, research and public affairs services to support a broad range of community activities.
For more information on AAI, please visit www.aaiusa.org.
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| Earth, a planet hungry for peace |
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| The Israeli Land-Grab Apartheid Wall built inside the Palestinian territories, here separating Abu Dis from occupied East Jerusalem. (IPC, 7/4/04). | ||
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| The Israeli apartheid (security) wall around Palestinian population centers in the West Bank, like a Python (Alquds, 1/25/03. |