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Committee on the JudiciaryConstitution, Civil Rights and Civil LibertiesIntroducedMarch 25th, 2010
- house Committees
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Homeland Protection Act
To provide for habeas corpus review for unprivileged enemy belligerents.
Homeland Protection Act - Amends the federal judicial code to revise the legal standard for granting a writ of habeas corpus to a noncitizen applicant detained by the United States after September 11, 2001, whose status as an unprivileged enemy belligerent or unlawful enemy combatant is being or has been determined. Authorizes a writ of habeas corpus if a court, justice, or judge determines that the applicant has rebutted the presumption that the United States has the authority to detain the applicant by showing that any determination that the United States has such authority would be clearly erroneous. Prohibits a court, justice, or judge from ordering the disclosure of classified information in considering a writ of habeas corpus unless such information is relevant and exculpatory and there is some indication that the disclosure of such information would enable the applicant to alter the quantum of proof in his or her favor significantly. Grants exclusive jurisdiction over any appeal from a disposition of an application for a writ of habeas corpus for an unprivileged enemy belligerent or unlawful enemy combatant to the United States Court of Appeals for the District of Columbia.