See How Your Politicians Voted
Title: Authorizes the Use of Funds for the Transfer or Release of Guantanamo Detainees to the United States
Vote Smart's Synopsis:
Vote to adopt an amendment to S 1197 that authorizes the transfer or release of individuals detained at Guantanamo Bay to the United States and specifies requirements that must be met for the transfer or release.
More Info About this Vote
- Authorizes the Secretary of Defense to transfer a Guantanamo Bay detainee to the United States if the following requirements are met (Sec. 1033):
- The Secretary determines that the transfer is in the national security interests of the United States;
- The Secretary determines that all appropriate measures have been taken to minimize the public safety risk associated with the detention and trial of the detainee; and
- The Secretary notifies the appropriate Congressional committees of the potential transfer at least 30 days before the date on which the transfer is to occur.
- Prohibits the use of funds appropriated in this bill to transfer or release a Guantanamo detainee to or within the United States if the detainee meets the following conditions (Sec. 1033):
- The detainee was held on or after January 20, 2009;
- The detainee is not a United States Citizen; and
- The detainee is not a member of the Armed Forces.
- Prohibits a Guantanamo detainee who has been transferred into the United States from applying for asylum or for admission into the US (Sec. 1033).
- Prohibits the release of a transferred Guantanamo detainee within the United States (Sec. 1033).
- Specifies that a transferred Guantanamo detainee retains the right to challenge his or her designation as an unprivileged enemy belligerent by filing writs of habeas corpus (Sec. 1033).
- Prohibits a court, judge, or justice from hearing or considering action against the United States relating to any aspect of the detention, treatment, and transfer of a Guantanamo detainee (Sec. 1033).
- Specifies that the decision against transferring a particular detainee does not give rise to a judicial cause of action (Sec. 1033).
NOTE: THIS LEGISLATION NEEDED A THREE-FIFTHS MAJORITY VOTE TO PASS.