Bye, Bye, Birdie

This article appears to be a liberal interpretation of the Military Commissions Act. The way the MCA reads, citizenship plays no role: if you are deemed to be an “enemy combatant,” you can be imprisoned without explanation and without recourse.

US: Immigrants may be held indefinitely
By MATT APUZZO, Associated Press Writer Mon Nov 13, 8:02 PM ET

WASHINGTON – Immigrants arrested in the United States may be held indefinitely on suspicion of terrorism and may not challenge their imprisonment in civilian courts, the Bush administration said Monday, opening a new legal front in the fight over the rights of detainees.

In court documents filed with the 4th U.S. Circuit Court of Appeals in Richmond, Va., the Justice Department said a new anti-terrorism law being used to hold detainees in Guantanamo Bay also applies to foreigners captured and held in the United States.

Ali Saleh Kahlah Al-Marri, a citizen of Qatar, was arrested in 2001 while studying in the United States. He has been labeled an “enemy combatant,” a designation that, under a law signed last month, strips foreigners of the right to challenge their detention in federal courts.

That law is being used to argue the Guantanamo Bay cases, but Al-Marri represents the first detainee inside the United States to come under the new law. Aliens normally have the right to contest their imprisonment, such as when they are arrested on immigration violations or for other crimes.

The rest is here.

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