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McHugh Joins House Republicans to Introduce Keep Terrorists Out of America Act
Washington, D.C. – U.S. Rep. John M. McHugh (R-NY), the top Republican on the Armed Services Committee, today joined with House Republican leaders and several of his fellow committee ranking members to introduce the Keep Terrorists Out of America Act. The legislation would add new transparency to the Administration’s terrorist detention policies, ensure governors and state legislatures pre-approve the transfer or release of detainees into their respective states, and require the Administration to meet several certification standards before any detainee held at the Guantanamo detention facility could enter the United States.
“For all the good intentions the current Administration’s efforts may have, the fact of the matter is the American people are still at risk. The political calendar in the United States did not change the realities on the ground around the world,” said Rep. McHugh.
“Regardless of the shortages the previous Administration’s terrorist detention policies may have had—and I think most of us could agree that those shortcoming were several—it did at least establish a policy and provide a process by which the American people were placed beyond the deadly reach of some of the most dangerous terrorists that have ever walked the face of the earth. That shield is gone now,” continued McHugh. “What it has been replaced by is uncertainty and doubt. And that is why this legislation is so critical. It is, in our judgment, at a minimum a replacement of that lack of security with a process that can be viewed and respected. It is a minimum that we as a Congress owe the American people.”
“I want to be clear. Nothing in this legislation precludes the closing of the detention center at Guantanamo Bay, Cuba. That’s not the intent of this bill. The legislation creates a process by which the President must certify to the American people that any detainees transferred or released into their states—more importantly into their neighborhoods—have been subject to thorough, public process and careful review that does not now exist,” concluded McHugh.
The following is a summary of the Keep Terrorists Out of America Act:
- Affirming Congress’ Opposition to the Release and Transfer of Terrorists. The bill affirms Congress’ opposition to transferring or releasing terrorists held at the Guantanamo Bay prison into the United States. Most Americans do not support releasing these terrorists from Guantanamo Bay prison and transferring them into the United States. The bill gives Congress an opportunity to show that it stands with the American people on this critical matter, and opposes the release and transfer of these terrorists.
- Governor and State Legislature Pre-Approval. The measure prohibits the Administration from transferring or releasing any terrorist detainees at Guantanamo Bay to any state without express approval from the state’s governor and legislature, and certifies to Congress that strict requirements have been met. For example, the Administration must certify to the respective governor and state legislature that the detainee does not pose a security risk to the United States. The certifications must be made 60 days before any transfer or release.
- Presidential Certification Requirements. The measure prohibits the President from transferring or releasing a terrorist detainee into the United States unless he provides the following notification and certification to Congress regarding:
- The name of the detainee and transfer/release location in the United States.
- The release/transfer would not negatively impact continued prosecution of the detainee.
- The release/transfer would not negatively impact continued detention of the detainee.
- The ability of federal judges to release detainees into the United States.