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The provision refers solely to "citizens or lawful resident aliens of the United States." However, the Constitution fully protects them.
"Section 1031 could cause cleared naturalized United States citizens and cleared immigrants to be sent to a foreign country, even in the absence of any wrongdoing."
Subsection (c) provides four options:
- indefinite detention without charge;
- military commission trials;
- trial by another tribunal; or
- transfer "to the custody or control of the person's country of origin, any other foreign country, or any other foreign entity."
Even someone erroneously arrested and cleared of wrongdoing could be held indefinitely without charge, given non-civil trials, or sent abroad.
Post-9/11, Arab and/or Muslim Americans lawlessly experienced "roundups" because of their faith and ethnicity. Latino immigrants face similar abuse.
Section 1031 would authorize similar practices. Military forces could be used. US citizens would be terrorized, detained and held indefinitely without charge or trial, based solely on suspicions, baseless allegations or none at all.
No reasonable proof is required, just suspicions that those detained pose threats. Under subsection (b)(1), indefinite detentions can follow mere membership or support for suspect organizations.
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