Sen. Graham: Give released Guantanamo Bay detainees to Homeland Security

Republican Sen. Lindsey Graham (S.C.) is urging Congress to pass legislation giving the Department of Homeland Security custody over detainees who have been ordered released from Guantanamo.

The South Carolina Republican, who has been negotiating with the Obama administration to close Gitmo, wants to ease the burden on judges, who must decide how to release prisoners once they're determined not to be enemy combatants.

"The only reason they haven't been released in the United States is because the judges have been patient with the government," Graham said on Fox News last night. "And they're begging Congress to help them. The judges in these habeas cases have said Congress needs to write some rules to deal with this situation."

Graham says released detainees should be transferred to the Department of Homeland Security until they can be sent to another country.

"What I think we ought to do, any time a judge grants a habeas petition, we ought to have a place to put that detainee under Homeland Security control so they're not released on the streets of the United States, giving us time to find a place to put them," Graham said.