§1226a Mandatory Detention of Suspected Terrorists; Habeas Corpus; Judicial Review

Summary

The Attorney General must take into custody any noncitizen the Attorney General officially finds may be tied to terrorism or otherwise threatens national security. The person must be held until they are removed from the United States, unless the Attorney General later decides they no longer meet that finding; if a final decision says they cannot be removed, detention ends. Only the Attorney General or the Deputy Attorney General may make that finding, and the Deputy Attorney General cannot pass the power on. Within 7 days of starting detention, the Attorney General must either begin removal proceedings or charge the person with a crime, or else release them. If removal is unlikely soon, the person can only be kept longer in extra blocks of up to six months at a time if releasing them would threaten national security or public safety. The Attorney General must review the finding every 6 months. The detained person may ask in writing every 6 months for reconsideration and give evidence. If the Attorney General revokes the finding, the person may be released under conditions the Attorney General sets unless another law prevents release. Courts can only review these decisions through habeas corpus. A habeas petition must be filed at the Supreme Court, with a Supreme Court justice, with a D.C. Circuit judge, or in a federal district court. Appeals from district or circuit judges go only to the United States Court of Appeals for the District of Columbia Circuit. The Supreme Court’s and the D.C. Circuit’s law controls these cases. These rules do not apply to other parts of this chapter.