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Basic principles like due process, political freedom, and the rule of law were successfully circumvented under the new legislation. The Due Process Clause applies to all "persons" within the United States, including aliens, whether their presence is lawful, unlawful, temporary, or permanent. Yet, Section 412 of the USA PATRIOT Act exposes immigrants to extended, and, in some cases, indefinite, detention based on the attorney general's untested certification that he has "reasonable grounds to believe" that a no citizen is engaged in terrorist activities (Cole 2002:12). Proponents of the new legislation argued repeatedly that these restrictions will facilitate the prevention of new terrorist attacks...
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