Thus, alien detainees designated as enemy combatants who were held outside the United States had the constitutional right to habeas corpus.
In 2006 Katyal persuaded the Supreme Court in Hamdan that Congressional passage of the Detainee Treatment Act of 2005 did not strip the federal district courts of habeas corpus jurisdiction over alien detainees held at Guantánamo Bay.
When lawmakers last reviewed the rate in 1979, Takei said, they chose not to raise it, and an appellate court upheld the rate in 1990, finding "alien detainees are not government 'employees.' " While inmates may be forced to work at the nation's prisons, Takei said, there's a legal difference between inmates and detainees.
The Military Commissions Act of 2006, which Congress passed in its final weeks under Republican control in order to negate the Supreme Court's most recent ruling on behalf of a Guantánamo detainee, stripped all courts of jurisdiction "to hear or consider" challenges to any alien detainee's continued detention.
Foreign detainees were 22,744.
Those searching for a detainee must enter the detainee's "alien number" and country of birth, or the person's exact name, birth date and country of birth into a form, which will return a detainee's location and instructions for arranging a visit.
In his ruling, however, Judge Matz noted that the detainees were aliens and enemy combatants who were captured abroad and remained abroad.
Moreover, as the government has asserted in court papers, it is holding the prisoners "under the president's authority as commander in chief and under the laws and usages of war," and the detainees, as aliens with no connection to the United States, are being held outside sovereign United States territory.
A family member can conduct a search using a combination of the detainee's Alien Registration number and country of birth or biographical data and country of birth.
The term "governmental function" means an activity undertaken by a government, such as national defense, intelligence missions, firefighting, search and rescue, law enforcement (including transport of prisoners, detainees, and illegal aliens), aeronautical research, or biological or geological resource management.
Amid a growing Justice Department investigation into complaints of mistreatment of aliens at the Krome Detention Center here, additional former detainees at the center are making complaints of sexual harassment and physical abuse.
