
On the campaign trail on October 27, 2024, just days before November’s Presidential Election, Donald Trump promised, “On Day One, I will launch the largest deportation program in American history to get the criminals out.”
Trump’s target, to follow the logic of his promise, were those amongst the eleven million undocumented migrants in the US, according to estimates published by the Office of Homeland Security Statistics in April 2024, who had been convicted of crimes, which was a fraction of the total (just 4%).
According to Patrick J. Lechleitner, the acting director of ICE (Immigration and Customs Enforcement), in a letter to Congress on September 25, 2024, the total number of noncitizens with criminal convictions was, at the time, 435,719, although it’s important to note that a breakdown of the crimes committed demonstrated a wide spectrum from the most minor of offences through to much more significant crimes.

In a shocking development reported two days ago by CBS News, the Department of Homeland Security has revealed that it is currently holding 72 migrants at Guantánamo from 26 countries.
At least one of these migrants is a UK national, while the other countries whose nationals are held are Brazil, China, Colombia, the Dominican Republic, El Salvador, Ethiopia, Guatemala, Haiti, Honduras, India, Jamaica, Kenya, Liberia, the Marshall Islands, Micronesia, Myanmar, Nicaragua, Nigeria, Peru, Romania, Russia, Somalia, St. Kitts-Nevis, Venezuela and Vietnam.
A month ago, shockwaves reverberated around the world when, as I discussed here, Politico reported that the Trump administration was planning to send at least 9,000 migrants to Guantánamo from a variety of countries, including 800 from Europe.

NOTE: Please see the important postscript at the end of this article, about Trump’s revival of flights just after it was published. The struggle continues.
On Thursday (February 20), the Trump administration’s short-lived attempt to turn the naval base at Guantánamo Bay, Cuba into a migrant detention facility holding up to 30,000 migrants — a plan announced via an executive order on January 29, and which, as it developed, involved, with astonishing illegality, co-opting a block in the long-established “war on terror” military prison to hold the majority of these men — seemed to stunningly collapse as all but one of the 178 migrants flown there since February 4, all Venuzuelans, were deported back to Venezuela via Honduras. The one man not repatriated was brought back to the US mainland.
It will be difficult for the Trump administration to spin this as anything other than an abject humiliation, and a powerful reminder that a president doesn’t rule by executive order, or with unfettered executive authority; he — or she, if that day ever comes — has to work with Congress, which passes laws and appropriates funding, and has to operate within the constraints of US law, as interpreted through the judiciary.
Trump’s Guantánamo plan openly showed contempt for all of the above. It was never clear that any authority existed to hold migrants seized on the US mainland at the naval base, where a Migrant Operations Center, in operation since the early 1990s, had only ever been used for Haitian and Cuban migrants intercepted at sea, to prevent them from landing on the US mainland and claiming the rights to legal assistance that entailed.

Since Donald Trump issued an executive order on January 29, to expand an existing migrant detention facility on the US naval base at Guantánamo Bay — the Migrant Operations Center — to hold 30,000 migrants, as part of the “war on migrants” that he cynically and malevolently embarked upon as soon as he took office, eight flights of migrants from immigrant detention facilities in the US — all, apparently, carrying Venezuelans — arrived at Guantánamo between February 5 and 12, containing 98 men in total.
This is alarming enough, because no information has been provided about the legality of these flights, to a naval base that has only previously been used for prisoners seized in the “war on terror”, in what is known as the Guantánamo Bay Detention Facility, which opened in 2002, and, via its Migrant Operations Center, first used in the 1990s, for migrants intercepted at sea. The base has never before been used to hold foreign nationals brought from the US mainland, who should have the same rights of access to lawyers and contact with families that they would have had on the US mainland. There is no indication, however, that this is the case.
The administration has also provided no information about who these people are, beyond unverifiable claims about them being gang members, and why it is regarded as so important for them to be sent to Guantánamo when, it would seem, they could just as easily be returned to their home countries. Just as importantly, no information has been provided about why this operation has begun without Congressional approval, or Congressional funding.
Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo and We Stand With Shaker, singer/songwriter (The Four Fathers).
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