The judges appropriately considered a little-known but important guarantee called the "Non-Detention Act" -- passed in 1971.
The Non-Detention Act says clearly: "No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress".
This opinion relied on a 1971 federal law, the Non-Detention Act, which provides: "No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress".
"If the government raises nothing further than the record now shows, the Non-Detention Act entitles Hamdi to be released," Justice Souter said, adding: "On the record in front of us, the government has not made out a case on any theory".
"If the government raises nothing further than the record now shows, the Non-Detention Act entitles Hamdi to be released," Justice Souter said, adding: "On the record in front of us, the government has not made out a case on any theory". At another point, Justice Souter referred to the court's 1952 decision that overturned President Harry Truman's seizure of the steel mills.
This opinion relied on a 1971 federal law, the Non-Detention Act, which provides: "No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress". There has been no act of Congress to justify the detention of Mr. Hamdi, they said.
This would be the first time that Congress has deviated from President Nixon's Non-Detention Act.
My amendment updates the Non-Detention Act of 1971 which Congress passed to repudiate the shameful Japanese-American internment experience during World War II.
In 1971, President Richard Nixon signed into law the Non-Detention Act to make sure the U.S. government would never again subject any Americans to the unnecessary and unjustifiable imprisonment that so many Japanese-Americans, German-Americans, and Italian-Americans had to endure.
Arpaio said MCSO attorneys tried to get clarification from DHS last week on non-detention immigration enforcement activities but did not receive a response from DHS. Arpaio called DHS officials out, saying, "It looks like they're taking away my authority on the streets for political reasons.
There is a movement in several of the region's countries to reform their juvenile justice systems, with UNICEF helping countries explore non-detention alternatives.
