I believe the Senate has voted to keep this in the defense budget bill and passed it with bipartisan support (44R + 17D to keep provision in bill). It seems to me that however much or little the provision is exercised in practice, this provision taken together with executive edicts from the current and former administrations amount to a defacto suspension of Constitutional Sixth Amendment rights and a declaration of martial law.
The Senate is set to vote on a bill today that would define the whole of the United States as a “battlefield” and allow the U.S. Military to arrest American citizens in their own back yard without charge or trial.
“The Senate is going to vote on whether Congress will give this president—and every future president — the power to order the military to pick up and imprison without charge or trial civilians anywhere in the world. The power is so broad that even U.S. citizens could be swept up by the military and the military could be used far from any battlefield, even within the United States itself,” writes Chris Anders of the ACLU Washington Legislative Office.
Under the ‘worldwide indefinite detention without charge or trial’ provision of S.1867, the National Defense Authorization Act bill, which is set to be up for a vote on the Senate floor this week, the legislation will “basically say in law for the first time that the homeland is part of the battlefield,” said Sen. Lindsey Graham (R-S.C.), who supports the bill.