According to a press release from Representative Edward Markey, who opposes the bill, 'The provision would require the Secretary of Homeland Security to issue new regulations to exclude from the protection of the U.N. Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment, any suspected terrorist - thereby allowing them to be deported or transferred to a country that may engage in torture. The provision would put the burden of proof on the person being deported or rendered to establish "by clear and convincing evidence that he or she would be tortured," would bar the courts from having jurisdiction to review the Secretary's regulations, and would free the Secretary to deport or remove terrorist suspects to any country in the world at will - even countries other than the person's home country or the country in which they were born.'
The provision would also apply retroactively, which is important because the U.S. is already practicing extraordinary rendition in violation of the U.N. Convention Against Torture, which the U.S. has ratified. For example, in September 2002, Canadian citizen Maher Arar was arrested by U.S. immigration agents in New York and shipped to Syria where he was held without trial and tortured for 10 months. No charges have been brought against him. This kind of treatment would be legal under the new bill.