Originally posted by oboe
I think you guys are missing a critical phrase of the act. It doesn't matter what the detainee's status is - alien, citizen, combatant legal or illegal. As long as their classification is "awaiting determination" they can be held indefinitely. Essentially, the Writ of Habeas Corpus is gone for everybody.
Not trying to be a fear-monger, but it strikes me as a potentially dangerous situation which could lead to abuses. Obviously, the Founding Fathers recognized such peril and that is why our Constitution specifically prohibits suspension of the Writ.
This was written by lawyers "loop holes" built in... It used to be "criminal goes free because of legal loop hole", well now its "citizen goes to jail because of loop hole".
Anyone here can be picked up, held, denied a lawyer or access to judge.. all while "awaiting determination" on your status. If it takes 6 months, oh well... you have ZERO recourse, none, zilch, nada, you lose, do not pass go, do not collect $200.
Technically every illegal alien caught at the border could be held indefinitely while "awaiting determination". Whos hungry?, Soylent green anyone?
Oh wait, this makes us safer... now I get it. Meanwhile, DAILY, an average of 3000 possible terrorists, criminals, gang members and grape pickers moon walk across the Mexican border laughing at what suckers we are. One minutemen dude made a movie as he walked across the border and delivered a simulated WMD in a backpack to some state building.
When given power like this, the government has always abused it... why will this be any different?