Detention of U.S. Persons as Enemy Belligerents

"The detainee provisions passed as part of the National Defense Authorization Act for FY2012,P.L. 112-81, affirm that the Authorization for Use of Military Force (AUMF), P.L. 107-40, in response to the terrorist attacks of September 11, 2001, authorizes the detention of persons captured in connection with hostilities. The act provides for the first time a statutory definition of covered persons whose detention is authorized pursuant to the AUMF. During debate of the provision, significant attention focused on the applicability of this detention authority to U.S. citizens and other persons within the United States. The Senate adopted an amendment to clarify that the provision was not intended to affect any existing law or authorities relating to the detention of U.S. citizens or lawful resident aliens, or any other persons captured or arrested in the United States. This report analyzes the existing law and authority to detain U.S. persons, including American citizens and resident aliens, as well as other persons within the United States
who are suspected of being members, agents, or associates of Al Qaeda or possibly other terrorist organizations as “enemy combatants.”..."

Judicial Activity Concerning Enemy Combatant Detainees:Major Court Rulings
"As part of the conflict with Al Qaeda and the Taliban, the United States has captured
and detained numerous persons believed to have been part of or associated with enemy forces.
Over the years, federal courts have considered a multitude of petitions by or on behalf of suspected belligerents challenging aspects of U.S. detention policy. Although the Supreme
Court has issued definitive rulings concerning several legal issues raised in the conflict
with Al Qaeda and the Taliban, many others remain unresolved, with some the subject of
ongoing litigation.

This report discusses major judicial opinions concerning suspected enemy belligerents
detained in the conflict with Al Qaeda and the Taliban. The report addresses all Supreme
Court decisions concerning enemy combatants. It also discusses notable circuit court opinions
addressing issues of ongoing relevance to U.S. detention policy. The report also addresses
a few notable decisions by federal district courts that are the subject of ongoing habeas litigation. Finally, it describes a few federal court rulings in criminal cases involving
persons who were either involved in the 9/11 attacks or were captured abroad by U.S. forces
during operations against Al Qaeda, the Taliban, and associated entities..."