(from
http://www.gpo.gov/fdsys/pkg/BILLS-1...2hr1540enr.pdf) To read this file first you have to have the FREE program Adobe Reader (X, although earlier versions will work too). Click the little binos on the left sidebar. In the box type "section 1022" then click "Search". Then click on the results until you find the one you want.
Section 1022 (b):
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(b) APPLICABILITY TO UNITED STATES CITIZENS AND LAWFUL
RESIDENT ALIENS.—
(1) UNITED STATES CITIZENS.—The requirement to detain
a person in military custody under this section does not extend
to citizens of the United States.
(2) LAWFUL RESIDENT ALIENS.—The requirement to detain
a person in military custody under this section does not extend
to a lawful resident alien of the United States on the basis
of conduct taking place within the United States, except to
the extent permitted by the Constitution of the United States.
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Now the debate begins with the wording: because of the use of "The
requirement to detain... ...does not extend to citizens..." leaving the optional choice to detain available. And why the different wording for lawful resident aliens? Rest assured there is a legalistic reason for it.
