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

Summary

The Attorney General must take into custody any non‑citizen the Attorney General certifies as linked to terrorism or as otherwise endangering national security. The person must stay detained until removed from the United States, unless the Attorney General decides they are no longer subject to that certification or a final decision finds they cannot be removed. The Attorney General can only give the power to certify to the Deputy Attorney General, and the Deputy Attorney General cannot pass it on. The government must start removal proceedings or charge the person with a crime within 7 days of detention, or else must release them. If removal is not likely soon, the person may only be held 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 certification every 6 months. The detained person can ask in writing every 6 months for reconsideration and can send evidence. The Attorney General may end the detention or release the person on conditions. Court review of decisions under this rule is limited to a habeas corpus court challenge (a legal case asking for release). Such habeas petitions can only be filed with the Supreme Court, a Supreme Court justice, a judge of the U.S. Court of Appeals for the D.C. Circuit, or a district court that can hear the case, and the rules for moving cases under 28 U.S.C. 2241(b) apply. If a district or circuit judge decides the case, any appeal must go to the D.C. Circuit only. The Supreme Court’s and D.C. Circuit’s law control how these cases are decided. These rules do not apply to other parts of the immigration chapter.