Detailed Summary

Protecting America's Communities Act - Amends the Immigration and Nationality Act to prohibit the admission, asylum entry, or parole entry into the United States of an alien who, as of January 1, 2009, was being detained by the Department of Defense (DOD) at Guantanamo Bay Naval Base.

Requires the additional six-month detainment of such an alien ordered removed if the Secretary of Homeland Security certifies that: (1) the alien cannot be removed due to the refusal of all countries designated by the alien to receive the alien; and (2) the Secretary is making reasonable efforts to find alternative means for removing the alien.

Authorizes the Secretary to renew such certification after providing the alien with an opportunity to request and provide evidentiary support for reconsideration of the detainment certification.

Prohibits: (1) an immigration judge or official of United States Immigration and Customs Enforcement from releasing a detained alien on bond or parole; and (2) the Secretary from delegating certification authority to an official below the level of the Assistant Secretary for Immigration and Customs Enforcement.

Directs the Attorney General to take into custody upon release an alien who, as of January 1, 2009, was being detained by DOD at Guantanamo Bay Naval Base.

Reaffirms that: (1) the United States is in an armed conflict with al Qaeda, the Taliban, and associated forces; and (2) the President is authorized to detain enemy combatants in connection with such conflict regardless of their place of capture.

Status of the Legislation

Latest Major Action: 5/19/2009: Referred to Senate committee. Status: Read twice and referred to the Committee on the Judiciary.

Points in Favor

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Points Against

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