Analysis of Selected Legislative Proposals Addressing Guantanamo Detainees [May 11, 2009] [open pdf - 158KB]
"Several bills introduced during the 111th Congress address the detention of suspected enemy belligerents held at the U.S. Naval Station in Guantanamo Bay, Cuba. This report identifies selected legislative proposals and analyzes pertinent legal implications. For detailed explorations of the legal issues raised by proposals addressing closure of the Guantanamo detention facility and interrogation techniques, see CRS Report R40139, Closing the Guantanamo Detention Center: Legal Issues, by Michael John Garcia, et. al. and CRS Report RL33180, Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court, by Jennifer K. Elsea, Kenneth R. Thomas, and Michael John Garcia. On January 22, 2009, President Obama issued three executive orders affecting Guantanamo detainees. Some legislative proposals would effectuate or make permanent the policies contained in the executive orders. Other bills offer alternative approaches to the disposition of the detainees. The proposals pursue dramatically different goals, ranging from mandating closure of the Guantanamo detention facility to precluding closure through various requirements and restrictions, and offering various approaches to detainee treatment, interrogation methods, and jurisdictional concerns. To date, most bills have been referred to committees and no further legislative action has been taken."
CRS Report for Congress, R40419