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S 3401 110th Congress Senate

Enemy Combatant Detention Review Act of 2008

Official title: A bill to provide for habeas corpus review for terror suspects held at Guantanamo Bay, Cuba, and for other purposes.

Introduced: September 8, 2008 Introduced by: Graham, Lindsey Republican · South Carolina See on congress.gov
Law Armed Forces and National SecurityCaribbean areaCivil Rights and Liberties, Minority IssuesCrime and Law Enforcement
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CubaDeportationDetention of personsDistrict courtsHabeas corpusImmigrationJurisdictionLatin AmericaMilitary basesMilitary lawPrisoners' rightsWitnesses
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This bill died when the 110th Congress ended
It never became law before the 110th Congress (2007–2008) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 2 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Jul 31, 2008
Read twice and referred to the Committee on the Judiciary.
Jul 31, 2008
Introduced in Senate
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 Latest action July 31, 2008

Read twice and referred to the Committee on the Judiciary.

 Plain-English summary Congressional Research Service

Enemy Combatant Detention Review Act of 2008 - Amends the federal judicial code to grant the U.S. District Court for the District of Columbia exclusive jurisdiction of, and make it the exclusive venue for consideration of, all habeas corpus applications by or on behalf of any enemy combatant held at Guantanamo Bay, Cuba, who is neither a U.S. citizen nor a lawful permanent resident (covered individual) that are pending on or filed on or after the enactment of this Act. Prescribes related procedures, including restrictions on oral testimony.

Stays any such application until all Military Commission proceedings regarding the covered individual have been resolved.

Requires release of a covered individual, for whom the District Court grants a writ application and orders release, into the custody of the Secretary of Homeland Security for transfer to the individual's country of citizenship or another country.

 Related & companion bills 1
  • HR 6705 Related bill Enemy Combatant Detention Review Act of 2008
 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 1
 Cosponsors 1
All 1 Republican 1
R
McConnell, Mitch
Kentucky · Sep 8, 2008
Cite this page click to expand
APA
U.S. Congress. (2026). S. 3401: Enemy Combatant Detention Review Act of 2008. 110th Congress. Open America. https://openamerica.io/bill/110-S-3401/
MLA
"S. 3401: Enemy Combatant Detention Review Act of 2008." 110th Congress, 2026, Open America, https://openamerica.io/bill/110-S-3401/.
Bluebook (legal)
S. 3401, 110th Cong. (2026), https://openamerica.io/bill/110-S-3401/.
Markdown link
[S. 3401: Enemy Combatant Detention Review Act of 2008](https://openamerica.io/bill/110-S-3401/)
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