Judge Condemns the Trump Administration’s Illegal and “Impermissibly Punitive” Use of Guantánamo to Hold Migrants
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I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.
The wheels of justice may grind slowly in the US court system, for reasons that involve various forms of inefficiency, but also the requirement to conduct detailed research into legal precedents. Nevertheless, throughout the Republic’s 249-year history, the courts have repeatedly, if, at times, in a glacial manner, performed a key role in ensuring that the checks and balances in the Constitution — the separation of powers between the executive, the legislative and the judicial branches of the government — are enforced.
On December 5, ten months after a particularly noxious example of executive overreach began — the detention of migrants with final deportation orders from the US in detention facilities on the grounds of the US naval base at Guantánamo Bay — Judge Sparkle L. Sooknanan, a judge in the District Court in Washington, D.C., ruled definitively that the Trump administration’s policy of holding migrants at Guantánamo was both “impermissibly punitive”, as a violation of the Fifth Amendment’s Due Process Clause, and was also completely unauthorized under the Immigration and Nationality Act (INA).
The ruling came in a class action lawsuit, Luna Gutierrez v. Noem, that had first been submitted in June by lawyers from the American Civil Liberties Union (the ACLU), the Center for Constitutional Rights (CCR) and the International Refugee Assistance Project (IRAP) on behalf of two Nicaraguan nationals who were held at Guantánamo at the time, but also on behalf of every other migrant in “a similarly situated class”; namely, “all immigration detainees originally apprehended and detained in the United States, and who are, or will be held at Naval Station Guantánamo Bay, Cuba.”
Photos and Report: The Last Close Guantánamo Vigils of 2025 Before the 24th Anniversary of the Prison’s Opening on Jan. 11, 2026
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Last Wednesday, December 3, groups of stalwart campaigners gathered across the US and around the world for the 35th monthly global vigils for the closure of the “war on terror” prison at Guantánamo Bay.
The “First Wednesday” vigils took place outside the White House in Washington, D.C., and in London, New York City, Brussels, Detroit, Los Angeles and Portland, OR, with former prisoner Mansoor Adayfi also holding a solo vigil in Belgrade. Further vigils took place in Cobleskill, NY on Saturday December 6, and outside the Howard Zinn Book Fair in San Francisco on Sunday December 7.
As usual, the vigils involved committed campaigners from various Amnesty International groups, Close Guantánamo, the UK Guantánamo Network, Veterans for Peace, Witness Against Torture, the World Can’t Wait, the Peacemakers of Schoharie County, and various activist groups in New York City, with support from numerous other organizations, including NRCAT (the National Religious Campaign Against Torture), whose banners feature prominently at some of the vigils.
Please see below for the photos, and comments from the participants, and read on for my reflections on the grimness of this particular milestone, as we near what ought to have been unthinkable — the 24th anniversary, on January 11, 2026, of the opening of the Guantánamo prison, where 15 men are still held in various states of fundamental lawlessness.
Radio: Dick Cheney – Gone But Not Forgiven
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It’s over two weeks since Dick Cheney, the former US Vice President, died at the age of 84, and, after a brief flurry of mainstream media activity, in which the immensity of his war crimes and crimes against humanity (for which he was never indicted) was largely whitewashed through mentions of how, although he was a “divisive” figure, he was also a towering presence in US politics, the media moved on, only waking up again yesterday when his funeral service was held in Washington, D.C., at which former presidents and vice presidents, lawmakers and Supreme Court Justices all ignored the horrors of his legacy.
Former Presidents George W. Bush and Joe Biden attended, as did former Vice Presidents Kamala Harris, Al Gore, Dan Quayle and Mike Pence. Also present were the Republican Senators Lindsey Graham and Mitch McConnell, Democratic Senator Nancy Pelosi. former House Speaker John Boehner, former national security advisor John Bolton, and Supreme Court Justices John Roberts, Clarence Thomas, Brett Kavanaugh and Elena Kagan.
Biden’s attendance struck me as particularly grimly appropriate, because his “ironclad” support for Israel’s genocide in Gaza, in which he referred to the attacks of October 7, 2023 as Israel’s 9/11, has always struck me as nothing less than a transfer of Cheney’s lawless and violent post-9/11 policies of vengeance from the US itself to Israel, a parallel made all the more alarming because, of course, Israel is a foreign country, even though Biden’s actions did more than any previous president to foster the illusion that, actually, the US is nothing more than a colony of Israel.
“More Horrific Than Abu Ghraib and Guantánamo”: The Unsalvageable Depravity of Israel’s Prisons for Palestinians
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On June 19, 2024, Khaled Mahajneh, a Palestinian citizen of Israel, became the first lawyer to visit a notorious detention facility for Palestinians from the Gaza Strip, located inside the Sde Teiman military base in the Negev Desert, one of several detention facilities established after October 7, 2023 to hold Palestinians seized in Gaza.
Speaking to +972 Magazine a week after his visit, Mahanjeh drew a pertinent comparison with the treatment of Muslim prisoners in the US’s post-9/11 “war on terror”, but concluded that Israel’s behavior was even worse.
“The situation there is more horrific than anything we’ve heard about Abu Ghraib and Guantánamo”, he said, adding, “I have been visiting political and security detainees and prisoners in Israeli jails for years, including since October 7. I know that the conditions of detention have become much harsher, and that the prisoners are abused on a daily basis. But Sde Teiman was unlike anything I’ve seen or heard before.”
Photos and Report: The 34th Monthly Global Close Guantánamo Vigils on Nov. 5, Also Marking 8,700 Days of the Prison’s Existence
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On Wednesday November 5, campaigners calling for the closure of the “war on terror” prison at Guantánamo Bay — and an end to its more recent use to hold migrants seized in Donald Trump’s disturbing “war on migrants” — gathered at significant locations across the US and globally for the 34th successive monthly coordinated Close Guantánamo vigils.
The “First Wednesday” vigils took place in Washington, D.C., London, New York, Brussels, Portland, Detroit and Los Angeles — with San Francisco following on November 6, and Cobleskill, NY on November 8 — and former prisoner Mansoor Adayfi also sending a photo from an exhibition of Guantánamo prisoners’ art in Giessen, in Germany.
As ever, the vigils involved committed campaigners from various Amnesty International groups, Close Guantánamo, the UK Guantánamo Network, Veterans for Peace, Witness Against Torture, the World Can’t Wait, the Peacemakers of Schoharie County, and various activist groups in New York City, with support from numerous other organizations, and I’m immensely grateful to our small but dedicated family of global activists for their dedication to shining a light on an enduring injustice that, shamefully, has largely been swallowed up in amnesia and inertia.
Photos and Report: The 33rd Monthly Close Guantánamo Vigils Across the US and Around the World
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Last Wednesday, October 1, the world’s most dedicated campaigners for the closure of the “war on terror” prison at Guantánamo Bay gathered, at significant locations across the US and globally, for the 33rd successive monthly coordinated Close Guantánamo vigils — in Washington, D.C., London, New York, San Francisco, Brussels, Mexico City, Portland, Detroit, Los Angeles and Belgrade — with campaigners in Irvine, CA holding an indoor vigil, and with the redoubtable progressive outpost of Cobleskill, NY following on Saturday October 4.
The monthly “First Wednesday” vigils involve campaigners from various Amnesty International groups, Close Guantánamo, the UK Guantánamo Network, Witness Against Torture, the World Can’t Wait, the Peacemakers of Schoharie County, and various activist groups in New York City, with support from numerous other organizations.
As ever, I’m immensely proud of our little global family of activists, all of whom recognize the significance of the enduring injustice of Guantánamo, and its baleful influence on brutal and unjust detention policies from Israel to El Salvador and, more recently, the US mainland, via the expansion of fundamentally lawless detention facilities run by ICE (Immigration and Customs Enforcement) as part of the malignant “war on migrants” that Donald Trump launched when he took office in January.
Guantánamo Artists Speak: Moath Al-Alwi and Khalid Qassim, Freed in January
Please click on either of the ‘Donate’ buttons below (via PayPal or Stripe) to make a donation towards the $2,500 (£2,000) I’m trying to raise to support my work on Guantánamo and on other related topics over the next three months. To get links to all my work in your inbox, please also consider taking out a free or paid subscription to my new Substack newsletter.
I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.
It’s two weeks since Spencer Ackerman published an article on his Forever Wars website by former Guantánamo prisoner Mansoor Adayfi, featuring the first ever interviews with two of his friends, the artists Moath Al-Alwi and Khalid Qassim, who were finally freed from Guantánamo in January this year, and resettled in Oman, after being held for nearly 23 years without charge or trial.
I’m cross-posting it below, following my own introduction, in the hope that it will reach some readers who never saw the original posting.
I’ve long followed the story of these two men, including Moath having his habeas corpus petition turned down via some inadequate legal reasoning in 2009, and both men taking part in various hunger strikes, including the prison-wide hunger strike in 2013. This, and the global outrage that greeted it, finally persuaded President Obama to overcome his inertia, prompted by obstacles raised by Republicans to try to prevent him releasing prisoners, which meant that almost no prisoners were freed for two and a half years before the mass hunger strike began in February 2013.
It wasn’t until November 2017, however, that I became aware of the talents of both men as artists, when “Ode to the Sea: Art from Guantánamo,” an exhibition of artwork by eight prisoners — some released, and some still held — took place at John Jay College of Criminal Justice in New York, which I was fortunate to attend in January 2018, and which I wrote about here.
Profound Alarm at Trump’s Deportation of Migrants to Third Countries Without Protections Against Torture or Even Death
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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.
As Trump Holds 72 Migrants at Guantánamo From 26 Countries Including the UK, What Is His Long-Term Plan?
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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.
Photos and Report: Global Vigils for Guantánamo’s Closure on July 2, 2025 and the Growing Threat of the Gitmoization of the US
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On Wednesday July 2, the latest “First Wednesday” global vigils for the closure of the prison at Guantánamo Bay took place — four in the US, three in Europe, and one in Mexico City. An additional US vigil took place on Saturday July 5.
Please see the photos below, and read on for my analysis of the importance of the vigils, not only for the men still held, but also to highlight how, since Donald Trump came back to the White House, it has become increasingly apparent that the core injustice of Guantánamo — holding men indefinitely without charge or trial, and without providing any evidence for doing so — is being shamefully and cynically repurposed to justify detentions in the “war on migrants” that he declared when he took office in January.
Who's still at Guantánamo?
