Whether a U.S. resident arrested in the U.S. can be indefinitely detained as an "enemy combatant" in a military brig without criminal charges or trial. CASE DISMISSED
Ali al-Marri was lawfully residing in the U.S. when he was arrested at his home in Peoria, Illinois, and charged with violating various criminal laws. One month prior to trial, the government withdrew those charges and transferred al-Marri to military custody after former President Bush declared al-Marri to be an "enemy combatant." For the past five years, al-Marri has been held in solitary confinement by the military without ever being brought to trial. In a brief filed on al-Marri's behalf, the ACLU argues that al-Marri's military detention was not authorized by Congress and is unconstitutional.