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Sen. Lindsey Graham (R-S.C.) constantly attacks the Obama administration for “government overreach” and “expanding big government” when it comes to health care, but he is currently writing an amendment to an upcoming defense bill that would allow the U.S. government to lock U.S. citizens in prison on the suspicion of terrorist association, without a trial, reports Mother Jones.

The amendment would support the U.S government’s power to “detain under the law of war” any individual “who joins al-Qaeda, the Taliban, or an associated force” and “plans or participates in a belligerent act against the United States on behalf of such forces anywhere within the United States and its territories.”

Sen. Graham’s catch-all amendment is a response to the one proposed by Sen. Dianne Feinstein (D-Calif.) and Sen. Mike Lee (R-Utah) that would prevent the U.S. government from detaining Americans and legal permanent residents suspected of terrorism without charge or trial.

However, even that amendment wouldn’t protect all non-citizens apprehended on U.S. soil. As a result, certain civil liberties and human rights groups are backing an amendment — written by Sen. Mark Udall (D-Colo.) — that would ensure that any person, citizen or otherwise, apprehended on U.S. soil could not be deprived of their freedom without due process of law, as the U.S. Constitution currently states.