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In the United States, indefinite detention has been used to hold terror suspects. This process, which has been highly controversial, is currently under review.[5] According to the American Civil Liberties Union, section 412 of the USA PATRIOT act permits indefinite detention of immigrants;[6] one of the most highly publicized cases has been that of Jose Padilla,[7] whose ultimate prosecution and conviction in the United States have also been highly controversial.[8] The International Red Cross has criticized the indefinite detention of prisoners at Guantanamo Bay.[9]

On December 5, 2008, the United States Supreme Court announced that it will rule on indefinite detention.[10] On November 29, 2011, the United States Senate rejected a proposed amendment to the National Defense Authorization Act for Fiscal Year 2012 ("NDAA") that would have banned indefinite detention by the United States government of its own citizens,[11] leading to criticism that Habeas corpus in the United States has been undermined.[12][13] Congress and Senate approved the National Defense Authorization Act in December 2011 and President Barack Obama signed it December 31, 2011.[14] The new indefinite detention provision of the law was decried as a "historic assault on American liberty."[15] The American Civil Liberties Union stated that “President Obama's action today is a blight on his legacy because he will forever be known as the president who signed indefinite detention without charge or trial into law.”[16] On May 16, 2012, in response to a lawsuit filed by journalist Chris Hedges, Noam Chomsky, Naomi Wolf and others[17], United States District Judge Katherine B. Forrest ruled the indefinite detention section of the law (1021) likely violates the 1st and 5th Amendments and issued a preliminary injunction preventing the US government from enforcing it.[18][19][20][21][22]

http://en.wikipedia.org/wiki/Indefinite_detention

Sounds more like it was a policy first started with Bush then Obama and Senate followed suit and expanded on it.