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senate Bill S. Res. 396

Should the U.S. Detain ISIL Terrorists at Guantanamo Bay?

Argument in favor

Captured ISIL fighters should be detained at Guantanamo Bay because they would pose a threat to public safety if they were detained in the U.S. The detention facility has proven useful in counterterrorism efforts and should remain in use.

ThomasParker's Opinion
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04/03/2016
To the top-rated "Nay" response: only American citizens are guaranteed the Bill of Rights, not terrorists and international criminals. Holding terrorists at this facility is obviously more desirable than holding them within the contiguous United States.
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03/31/2016
ISIL is at war with us. We are at war with ISIL. ISIL is a terrorist organization. Terrorists go to Guantanamo Bay. This is how we keep terrorists off the battlefield if we don't kill them. Why are we even asking this question?
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Gopin2020's Opinion
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04/01/2016
Hold them at Gitmo , not on the mainland Gitmo is the most secure site outside of our mainland.
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Argument opposed

The continued use of Guantanamo Bay undermines America’s credibility internationally while providing a recruiting tool for terrorist organizations. Captured ISIL fighters should either be detained in the U.S. or held overseas where they're captured.

BernieSanders's Opinion
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04/04/2016
"I am encouraged to see that the president is sending Congress a plan to shut down the Guantanamo Bay prison. As I have said for years, the prison at Guantanamo must be closed as quickly as possible." [politico.com]
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BarackObama's Opinion
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04/04/2016
"Keeping this facility open is contrary to our values... It undermines our standing in the world. It is viewed as a stain on our broader record of upholding the highest standards of rule of law." [cnn.com]
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Austin's Opinion
···
04/02/2016
What we need to do is shut down Guantanamo Bay not send more people there to continue violating our Bill of Rights.
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simple resolution Progress


  • The senate has not voted
      senate Committees
      Committee on Foreign Relations
    IntroducedMarch 10th, 2016

What is Senate Bill S. Res. 396?

This resolution expresses the sense of the Senate that members of the Islamic State group (aka ISIL or ISIS) who are captured during U.S. operations against the organization should be detained at the naval facility at Guantanamo Bay, Cuba.

That assertion is based on ISIL’s declaration of war against the U.S. and that ongoing American combat operations will likely lead to the capture of ISIL fighters. It further notes that detaining members of ISIL at Guantanamo Bay would be consistent with the facility’s history as it was used to detain international terrorism suspects in the aftermath of the September 11, 2001 attacks.

Impact

Terrorists who might be detained at Guantanamo Bay; the U.S. Armed Forces; and Congress.

Cost of Senate Bill S. Res. 396

A CBO cost estimate is unavailable.

More Information

In-Depth: Sponsoring Sen. Steve Daines (R-MT) introduced this resolution to encourage the continued and expanded use of the detention facilities at Guantanamo Bay to detain ISIL terrorists:

“Last week when I was at Guantanamo Bay I saw plenty of vacant cells. Terrorists captured by U.S. forces belong in Guantanamo, a location that has played a pivotal role for collecting intelligence from detainees and keeping terrorists off the battlefield in the global war on terror. These dangerous individuals do not belong on U.S. soil, or in the custody of a nation that may allow them to return to the battlefield as we have seen before. We must ensure they don’t continue to spread radical Islam throughout the world, and Guantanamo Bay serves an integral purpose for just that.”

Currently there are 15 House Republicans that have signed on as cosponsors of this legislation.


Of Note: As part of his broader effort to shut down the Guantanamo Bay detention facility, President Obama has transferred or released 147 detainees during his administration to other countries where they are monitored to prevent their return to terrorism. The President released a plan for the facility’s closure, and explained his rationale for doing so:

“For many years, it has been clear that the detention facility at Guantanamo Bay does not advance our national security — it undermines it. It’s counterproductive to our fight against terrorists, who use it as propaganda in their efforts to recruit. It drains military resources, with nearly $450 million spent last year alone to keep it running and more than $200 million in additional costs needed to keep it open going forward. Guantanamo harms our partnerships with allies and other countries whose cooperation we need against terrorism.”

The release of detainees from Guantanamo Bay has led to some recidivism, with former detainees returning to join terror groups opposed to the U.S. The Director of National Intelligence has estimated in January 2016 that 118 of 676 former detainees that were transferred have been confirmed to have returned to terrorism, while another 86 are suspected of doing so. Of those 204 detainees, 128 aren’t in custody.



Media:

Summary by Eric Revell
(Photo Credit: Flickr user Maryland National Guard)

Official Title

A resolution expressing the sense of the Senate that individuals captured by the United States for supporting the Islamic State of Iraq and the Levant should be detained at United States Naval Station, Guantanamo Bay, Cuba.

    To the top-rated "Nay" response: only American citizens are guaranteed the Bill of Rights, not terrorists and international criminals. Holding terrorists at this facility is obviously more desirable than holding them within the contiguous United States.
    Like (55)
    Follow
    Share
    "I am encouraged to see that the president is sending Congress a plan to shut down the Guantanamo Bay prison. As I have said for years, the prison at Guantanamo must be closed as quickly as possible." [politico.com]
    Like (171)
    Follow
    Share
    "Keeping this facility open is contrary to our values... It undermines our standing in the world. It is viewed as a stain on our broader record of upholding the highest standards of rule of law." [cnn.com]
    Like (89)
    Follow
    Share
    ISIL is at war with us. We are at war with ISIL. ISIL is a terrorist organization. Terrorists go to Guantanamo Bay. This is how we keep terrorists off the battlefield if we don't kill them. Why are we even asking this question?
    Like (45)
    Follow
    Share
    What we need to do is shut down Guantanamo Bay not send more people there to continue violating our Bill of Rights.
    Like (38)
    Follow
    Share
    Guantanamo Bay should be shut down. It was a bad idea for dealing with terrorists 10 years ago and it's a bad idea now.
    Like (28)
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    Hold them at Gitmo , not on the mainland Gitmo is the most secure site outside of our mainland.
    Like (23)
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    All detainees should be treated with the same respect and dignity as a United States citizen and should be given the rights of a human granted by our constitution. To continue to abuse prisoners in Guantanamo Bay is to continue to provide a breeding ground for fear and hate—a weapon used by terrorists groups against the USA.
    Like (22)
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    Or we need to find another offshore option in order to store them. Terrorists do not and should not receive the rights of the US citizens. The Geneva Convention is based on reciprocity, so if they are willing to drown people in cages, I don't think we need to show them mercies like constitutional rights.
    Like (14)
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    Let's show these Islamic terrorists who's boss.
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    If we detain these Terrorists we would have the ability to gather urgent information to prevent future attacks of their organization.In addition, we would simply be providing security for both YOU AND I AS WELL, ITS SIMPLE MATH! Our Federal government should take any form of procedures that are necessary to reduced Isis power as much as possible.
    Like (9)
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    Better there than on American soil. We should waterboard them more too. You know, because they torture and kill thousands.
    Like (9)
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    We should execute them and make sure ISIS and anyone wanting to join or affiliated with ISIS knows. There's no use in using tax dollars to feed, clothe, and shelter criminals for 50 years.
    Like (8)
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    That's what it was built for. Terrorists have no rights in the US keep em out
    Like (8)
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    Because the use of Guantanamo Bay completely goes against who we are as American. The use of it no matter what the reason, totally contradicts our claim to justice for all and liberty.
    Like (8)
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    The reason Sen. Drained saw so many empty cells at Guantanamo is because our disgraceful President has released his Muslim buddies back to the battlefield.
    Like (8)
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    Worried they would recruit inside Mainland US prisons
    Like (7)
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    These terrorist need to be kept away from Americans. Keeping them in the continental US could inspire attacks on holding structures in attempts to free they're terrorist soldiers and to instill more fear in the American people.
    Like (7)
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    Close it down & give it back to Cuba! We need to be done with the imperialism of bygone days & the mess George W. & Cheney left for others to clean up!
    Like (5)
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    Putting alleged terrorists in prison offshore denies them the rights we would give any other criminal. Also there are many conditions there that are appalling and violate human rights. Torture, which is against the Geneva Convention most likely goes on there too.
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