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18) In other words, federal, state, and local law enforcement officials are required by law to comply with consular notification and access rules every time they arrest or significantly detain a foreign national in the United States.
Jacob Hornberger, president of the Future of Freedom Foundation, warns that the core principle established in the presidential order to detain Padilla would justify the imposition of "omnipotent military power in America.
Clement added that the President could detain people like them even when there is no war.
The plaintiffs characterized the Bush argument as saying it "may unilaterally strip the federal courts of their statutory power to review the indefinite detention of foreign nationals without legal process, simply by deciding to detain them in an offshore prison.
The laws of war do give governments broad powers to detain people: For example, soldiers who are prisoners of war can be held without trial.
The requirements of the VCCR are reciprocal and apply equally to foreign governments when they arrest or detain a U.