To protect the national security of the United States by limiting the immigration rights of individuals detained by the Department of Defense at Guantanamo Bay Naval Base.

1. Replaces the period at the end of page 7, line 25 with new text

   ReplacesPrinted page

   Removes the period at the end of the printed bill. See that page

   Inserted: and, in order for the Department of Justice to carry out the responsibilities required by Executive Orders 13491, 13492, and 13493, it is necessary to enact the amendments made by section 203.

   Inserted: SEC. 203. IMMIGRATION LIMITATIONS FOR GUANTANAMO BAY NAVAL BASE DETAINEES.

   Inserted: (a) Short Title.--This section may be cited as the "Protecting America's Communities Act".

   Inserted: (b) Ineligibility for Admission or Parole.--Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended--

   Inserted: (1) in subsection (a)(3), by adding at the end the following:

   Inserted: "(G) Guantanamo bay detainees.--An alien who, as of January 1, 2009, was being detained by the Department of Defense at Guantanamo Bay Naval Base, is inadmissible."; and

   Inserted: (2) in subsection (d)--

   Inserted: (A) in paragraph (1), by inserting "or (5)(B)"; and

   Inserted: (B) in paragraph (5)(B), by adding at the end the following: "The Attorney General may not parole any alien who, as of January 1, 2009, was being detained by the Department of Defense at Guantanamo Bay Naval Base.".

   Inserted: (c) Detention Authority.--Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 1231(a)) is amended--

   Inserted: (1) by striking "Attorney General" each place it appears, except for the first reference in paragraph (4)(B)(i), and inserting "Secretary of Homeland Security"; and

   Inserted: (2) by adding at the end the following:

   Show 24 more inserted paragraphsShow less

   Inserted: "(8) Guantanamo bay detainees.--

   Inserted: "(A) Certification requirement.--An alien ordered removed who, as of January 1, 2009, was being detained by the Department of Defense at Guantanamo Bay Naval Base, shall be detained for an additional 6 months beyond the removal period (including any extension under paragraph (1)(C)) if the Secretary of Homeland Security certifies that--

   Inserted: "(i) the alien cannot be removed due to the refusal of all countries designated by the alien or under this section to receive the alien; and

   Inserted: "(ii) the Secretary is making reasonable efforts to find alternative means for removing the alien.

   Inserted: "(B) Renewal and delegation of certification.--

   Inserted: "(i) Renewal.--The Secretary may renew a certification under subparagraph (A) without limitation after providing the alien with an opportunity to--

   Inserted: "(I) request reconsideration of the certification; and

   Inserted: "(II) submit documents or other evidence in support of the reconsideration request.

   Inserted: "(ii) Delegation.--Notwithstanding section 103, the Secretary may not delegate the authority to make or renew a certification under this paragraph to an official below the level of the Assistant Secretary for Immigration and Customs Enforcement.

   Inserted: "(C) Ineligibility for bond or parole.--No immigration judge or official of United States Immigration and Customs Enforcement may release from detention on bond or parole any alien described in subparagraph (A).".

   Inserted: (d) Asylum Ineligibility.--Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)) is amended by adding at the end the following:

   Inserted: "(E) Guantanamo bay detainees.--Paragraph (1) shall not apply to any alien who, as of January 1, 2009, was being detained by the Department of Defense at Guantanamo Bay Naval Base.".

   Inserted: (e) Mandatory Detention of Aliens From Guantanamo Bay Naval Base.--Section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(1)) is amended--

   Inserted: (1) in each of subparagraphs (A) and (B), by striking the comma at the end and inserting a semicolon;

   Inserted: (2) in subparagraph (C), by striking ", or" and inserting a semicolon;

   Inserted: (3) in subparagraph (D), by striking the comma at the end and inserting "; or"; and

   Inserted: (4) by inserting after subparagraph (D) the following:

   Inserted: "(A) as of January 1, 2009, was being detained by the Department of Defense at Guantanamo Bay Naval Base.".

   Inserted: (f) Statement of Authority.--

   Inserted: (1) In general.--Congress reaffirms that--

   Inserted: (A) the United States is in an armed conflict with al Qaeda, the Taliban, and associated forces; and

   Inserted: (B) the entities referred to in subparagraph (A) continue to pose a threat to the United States and its citizens, both domestically and abroad.

   Inserted: (2) Authority.--Congress reaffirms that the President is authorized to detain enemy combatants in connection with the continuing armed conflict with al Qaeda, the Taliban, and associated forces until the termination of such conflict, regardless of the place at which they are captured.

   Inserted: (3) Rule of construction.--The authority described in this subsection may not be construed to alter or limit the authority of the President under the Constitution of the United States to detain enemy combatants in the continuing armed conflict with al Qaeda, the Taliban, and associated forces, or in any other armed conflict.

   Original wording

   On page 7, line 25, strike the period at the end and insert “and, in order for the Department of Justice to carry out the responsibilities required by Executive Orders 13491, 13492, and 13493, it is necessary to enact the amendments made by section 203.

Read automatically from the Congressional Record. Check the original before relying on it.

As printed