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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.

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Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months. If you can help, please click on the button below to donate via PayPal. Please also consider taking out a free or paid subscription to my new Substack newsletter.

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.

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