Under federal immigration law (the 2005 REAL ID Act), those facts render them excludable from the United States.

CENTERFORSECURITYPOLICY: Center For Security Policy

Second, the REAL ID Act would make it more difficult for terrorists to seek and obtain asylum in the United States.

CENTERFORSECURITYPOLICY: Unfinished business

With the REAL ID Act of 2005, they instituted a de facto national identity system by mandating that records be centralized and state-issued IDs be brought up to a common standard.

FORBES: We Don't Need a National ID Card

And I'm wondering if the White House, in taking a look at this entire issue, has confronted the Real ID Act as a genuine impediment legally to bringing anyone from Guantanamo to the United States and, if so, would it need to take redressive action in Congress to appeal that section?

WHITEHOUSE: Press Briefing

And one of the things I want to ask you about is the President, when he was a senator, voted for the Real ID Act, and there's a provision in the Real ID Act that says if you were involved or implicated in terrorist activities you can't be settled in the United States under any circumstances.

WHITEHOUSE: Press Briefing

The Sierra Club and Defenders of Wildlife have since appealed the case directly to the Supreme Court, because the REAL ID Act again, in the interest of expediting border fence construction eliminated the option of appealing district court decisions on the DHS waiver to any of the federal appellate courts, making direct appeal to the Supreme Court the only legal option left.

CENTERFORSECURITYPOLICY: Green Borders

The Sierra Club and Defenders of Wildlife have since appealed the case directly to the Supreme Court, because the REAL ID Act -- again, in the interest of expediting border fence construction -- eliminated the option of appealing district court decisions on the DHS waiver to any of the federal appellate courts, making direct appeal to the Supreme Court the only legal option left.

CENTERFORSECURITYPOLICY: Green Borders