The Military Commissions Act of 2006 (MCA) has potentially far-reaching negative implications for the liberties of aliens in the United States. This article examines the new military commissions as a parallel scheme for the preventative incapacitation of alleged alien terrorists and terrorist supporters. It finds that a broad group of aliens in the United States perceived to threaten national security could be subject to military commission jurisdiction and deprived of adequate protections against indefinite detention and unjust conviction. This finding is illustrated through two hypothetical domestic military commission cases taken from recent immigration and criminal decisions. In light of the government’s already robust immigration and criminal powers in national security, a domestically applicable MCA is unnecessary and dangerous. The article thus concludes that the MCA should be amended.
Available at: http://works.bepress.com/sean_riordan/1/