Lawsuit Challenges Trump’s “Cruel, Unnecessary and Illegal” Transfers of Migrants to Guantánamo

An image by the ACLU accompanying an article about Trump and immigration last year.

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In a lawsuit submitted to the District Court in Washington, D.C. on Saturday (March 1), the ACLU, the Center for Constitutional Rights and the International Refugee Assistance Project (IRAP) asked the Court to urgently intervene to “put a stop” to what they accurately describe as the Trump administration’s “cruel, unnecessary, and illegal transfers” of migrants to the naval base at Guantánamo Bay, Cuba. As the groups explained in a press release, transferring migrants to Guantánamo from the US mainland is a policy “without any legal authority, in violation of federal law and the US Constitution.”

The central premise of the lawsuit is that, although foreign nationals have been held at Guantánamo before — in a Migrant Operations Center established in the 1990s to hold migrants intercepted at sea, and, most notoriously, in the “war on terror” prison established in January 2002, where 15 men are still held in various states of fundamental lawlessness — the foreign nationals being sent to Guantánamo by Donald Trump have legal and constitutional rights that cannot be wished away through the traditional subterfuge of pretending that US law doesn’t apply at Guantánamo because, technically, it is only leased from the Cuban government, which has ultimate sovereignty.

In relation to the Migrant Operations Center and the “war on terror” prison, this subterfuge has, shamefully, been largely successful, but, as the rights groups argue compellingly in their lawsuit, because the current migrants have been previously held on the US mainland, even though their asylum claims were ultimately unsuccessful, and they have all been subjected to “final removal” orders, they are still protected by the US Constitution, and by US law; specifically, the Immigration and Nationality Act, and the Administrative Procedure Act.

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Shocking Reports of the Systemic Brutalization and Dehumanization of Migrants Held at Guantánamo

A photo of Camp 6 of the “war on terror” prison at Guantánamo Bay, taken in June 2014.

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Huge congratulations to the Washington Post for highlighting the brutality and dehumanization taking place at the migrant detention facility that has been in operation for the last three weeks in the naval base at Guantánamo Bay, Cuba, and, specifically, through the use of one particular cellblock in the existing “war on terror” prison, Camp 6, where the majority of the more than 200 migrants flown to Guantánamo from the US mainland have been held since detention operations began on February 4.

Washington Post reporters spoke to three of the 178 Venezuelan men held there between February 4 and February 20, when, with one exception, they were all repatriated to Venezuela via Honduras — with that one exception, whose whereabouts are currently unknown, flown back to ongoing detention on the US mainland.

Since then, however, 17 more migrants arrived on February 23 — seven from Honduras, four from Colombia, three from El Salvador, two from Guatemala and one from Ecuador, according to a document seen by the New York Times — with another nine following on February 24, during a visit by defense secretary Pete Hegseth. All are reportedly being held in Camp 6.

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Victory for US Law as Trump Abruptly Empties Guantánamo of All the Migrants He Just Sent There

Empty again: Camp 6 at Guantánamo, which, until Thursday, had briefly held Venezuelan migrants detained there illegally — 127 men in total. It is not known whether the three “low-value detainees” held there for many years as part of the prison’s “war on terror” operations will be returned from Camp 5, where they were removed when the first migrants arrived two weeks ago. (Photo from February 2013 by Brian Godette/US Army).

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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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Horror at Trump’s Guantánamo: 53 Migrants Now Held Illegally and Incommunicado in the “War on Terror” Prison

A migrant being sent to Guantánamo from Texas on February 5, 2025, in a photo made available by the Department of Homeland Security, and a prisoner preparing a meal in the communal area of Camp 6 at Guantánamo on October 29, 2010 (Photo by Mass Communication Specialist 2nd Class Elisha Dawkins).

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.

Read the rest of this entry »

Trump is Illegally Holding Migrants Seized in the US in the “War on Terror” Prison at Guantánamo Bay

Migrants being lined up prior to being flown to Guantánamo, where they have now been illegally placed in Camp 6 of the military-run “war on terror” prison. The photo was made available by the Department of Homeland Security.

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In shocking news reported by the New York Times, it has emerged that ten Venezuelan migrants “with suspected gang affiliations” — not confirmed, just “suspected” — who were flown to Guantánamo on Wednesday (February 5) have been moved into one of two prison blocks that, until their arrival, had been used to house prisoners seized in the “war on terror”, as part of the larger Military Detention Center — the notorious Guantánamo prison — that opened in January 2002.

The Pentagon claimed that the ten men, described as “high-threat illegal aliens”, were “too dangerous for the migrant site” at the opposite end of the naval base from the “war on terror” prison, which had previously been described as the destination for the migrants, where an existing 120-bed Migrant Operations Center has existed since the early 1990s.

The Pentagon stated that the ten men “are currently being housed in vacant detention facilities”, and claimed that “US Immigration and Customs Enforcement is taking this measure to ensure the safe and secure detention of these individuals until they can be transported to their country of origin or other appropriate destination.”

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To Hold 30,000 Migrants in Prison at Guantánamo, How Does Trump Propose to Redefine Them So They’re Beyond the Reach of the Law?

A composite image of Donald Trump and the “war on terror” prison at Guantánamo Bay.

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This article is a much-expanded version of “Monthly Close Guantánamo Vigils Resume Amidst Trump’s Chilling Promise to Expand a Neighboring Facility to Hold 30,000 Migrants“, an article published on February 3 on 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.

On January 20, as Donald Trump took office for the second time, it seemed that the “war on terror” prison at Guantánamo Bay, which had recently marked the 23rd anniversary of its opening, might become as marginalized and generally forgotten as it was in his first term in office, when he largely sealed it shut for four years.

Last Wednesday, however, and seemingly out of the blue, Trump suddenly announced that he had just issued a new executive order, “Expanding Migrant Operations Center at Naval Station Guantánamo Bay to Full Capacity”, to expand an existing migrant detention facility at the naval base, where the “war on terror” prison is located, “to provide additional detention space for high-priority criminal aliens unlawfully present in the United States”, as part of his intention to “halt the border invasion, dismantle criminal cartels, and restore national sovereignty.”

Announcing his executive order, Trump claimed that the expanded migrant detention facility was intended to house 30,000 migrants, stating, “We have 30,000 beds in Guantánamo to detain the worst criminal illegal aliens threatening the American people.” It was, however, unclear on what basis these migrants would be held, just as Trump also failed to acknowledge that Congressional approval would be required for its construction.

Check out here my half-hour interview about Trump’s plans, with Chris Cook, for his weekly Gorilla Radio show, which, for 25 years, has been “providing a forum for people and issues not covered in the corporate media.”

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Britain’s Racist Far-Right Riots, Brexit and the Shameful Responsibility of Politicians and the Mainstream Media

A screenshot of far-right rioters in Rotherham, in South Yorkshire, attacking police as they violently break into a hotel for asylum seekers on August 4, 2024.

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Over the last week, racist far-right rioting has erupted in towns and cities across the UK, cynically engineered by provocateurs who used a horrendous homicidal attack on a children’s dance class in Southport on July 29, at which three girls were stabbed to death, to falsely suggest that the attacker was a Muslim asylum seeker who had recently arrived in the UK after crossing the Channel in a small boat.

The reality was that the attacker was an evidently severely troubled 17-year old, born in the UK, whose Christian parents came to the UK from Rwanda, but the lies had a baleful life of their own, galvanising far-right groups and individuals from across the country, committed to Islamophobic violence, and connected via the swamp of unregulated or barely regulated social media and chat groups, to descend on Southport, just a day after the stabbings, where they targeted a mosque, fought with police officers, injuring 50, set fire to a police van, and damaged cars, homes and businesses.

The day after, July 31, the rioting spread to Hartlepool, where a mosque was attacked, Manchester and Aldershot, where hotels housing asylum seekers were attacked, and London, where rioters clashed with police in Whitehall.

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Podcast: I Discuss the UK’s General Election, Warmongering, Protest and Julian Assange’s Release with Andy Bungay

The graphic for my podcast with Andy Bungay on July 13, 2024.

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I’m pleased to have just posted on my YouTube channel the full audio recording of an interview I undertook on July 13, nine days after the UK’s recent General Election, with Andy Bungay of Riverside Radio, a community radio station in Wandsworth, in south London. Some of what we discussed drew on the article I wrote just after the election, Despite the Landslide, Labour Have No Vision and Only Won the UK General Election Because the Tories Lost So Spectacularly.

Parts of the interview were broadcast live that evening, with the full interview subsequently included in a longer version of the show posted on Andy’s MixCloud page, as the latest instalment of a monthly show, the Colin Crilly Takeover, incorporated into Andy’s weekly show, The Chiminea.

It was a great pleasure to chat to Andy about the relief that so many people were feeling about being rid of the cruel, corrupt and incompetent Tory government, and I was pleased to have the opportunity to explain how so much of this derangement was because of Brexit, when, after Theresa May lost her struggle to try and make it work in a rational manner, we were burdened with a succession of dreadful Prime Ministers — Boris Johnson, Liz Truss and Rishi Sunak — who fundamentally gave up on governing, and focused instead on deranged fantasies: treating the UK as a tabula rasa, a lawless blank slate which they intended to remake as little more than a corrupt kleptocracy and an authoritarian nightmare, a place where refugees would all be treated as criminals, and flown on a one-way trip to Rwanda, and any kind of protest was akin to terrorism.

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Under Rishi Sunak, the UK’s Fourth Tory Brexit Government, Already Obsessed with Austerity, Is Doomed to Fail

How the Daily Mirror, on its front page, responded to the news that Rishi Sunak had been chosen as the latest Prime Minister by Tory MPs.

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In the ongoing farce that is Britain’s Tory government, we now have our third Prime Minister in seven weeks — Rishi Sunak, the first Asian to hold the top job, but also the richest PM in British history, with a £730 million fortune via his marriage to Akshata Murty. The daughter of the Indian billionaire N. R. Narayana Murthy, who founded the technology company Infosys, she has a 0.91% stake in the company, which constitutes most of the Sunak family’s wealth. Sunak himself was a banker from 2001 until his election in 2015, working first for Goldman Sachs, and then for a number of hedge funds.

Promoted to the role of Chancellor under Boris Johnson, Sunak is credited with successfully preventing a total meltdown of the economy during the Covid lockdowns, primarily through the furlough scheme for workers, although, to be honest, any Chancellor in place at the time would have had to do the same. Defeated by Liz Truss in the leadership campaign in the summer, he is now seen as a credible leader by the majority of Tory MPs who backed him over the last week — many, no doubt, pressurised to do so to prevent the choice of leader going back to the untrustworthy Party members who elected Truss — instead of the other contenders, Penny Mordaunt and Boris Johnson, who somehow thought that he could miraculously return from the political grave into which he had dug himself.

Nevertheless, the painful truth for Sunak is that no one — not even the 81,326 Tory Party members who voted for Liz Truss — voted for him, and it will be hard for him to claim any kind of popular mandate as a result. Hopefully, the calls for a General Election that increased throughout Liz Truss’s disastrous premiership will not fall away now that Truss has gone, because the only way for Sunak to genuinely claim any legitimacy is to ask the public to support him — and not merely to claim that the result of an election nearly three years ago, fought solely on Boris Johnson’s risible claim that he would ‘Get Brexit Done’, has any relevance.

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As the Stansted 15 Avoid Jail, The “Hostile Environment” Continues with Disgraceful New Windrush Flight to Jamaica

The Stansted 15 on Wednesday February 6, 2019, outside Chelmsford Crown Court, on the day they learned that no one would face a custodial sentence for their role in preventing a deportation flight from leaving the airport in March 2017.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 of the Trump administration. If you can help, please click on the button below to donate via PayPal.




 

So there was good news on Wednesday, as the Stansted 15 — activists who prevented a deportation flight from leaving Stansted Airport for west Africa in March 2017 — avoided jail. Three received suspended sentences (with two also receiving 250 hours of community service, with 100 hours for the third), eleven others were given 100 hours of community service, while the 15th “received a 12-month community order with 20 days of rehabilitation”, as the Guardian described it.

However, two troubling aspects of the story remain significant. The first is that the protestors were convicted on charges of terrorism, and, alarmingly, that conviction still stands. As Ash Sardar wrote for the Independent, “Rather than being convicted of aggravated trespass, as other protesters who committed similar offences had been in 2016, the Stansted 15 had an initial trespass charge changed four months into their bail to a charge of ‘endangering safety at aerodromes’ – a scheduled terrorist offence, which potentially carries a life sentence.” The 2016 protest, at Heathrow Airport, against proposals for the airport’s expansion, involved three protestors who were part of the later actions at Stansted — the three who received the suspended sentences. 

Continuing with her analysis of the sentencing in the Independent, Ash Sardar added, “This particular bit of legislation – from the Aviation and Maritime Security Act 1990, if anyone’s interested – was brought in after the Lockerbie bombing of 1988. Its application in a protest case is completely unprecedented in English courts. You might not agree with the actions of the Stansted 15, but this punitive and misguided use of legislation to criminalise protesters should have you worried regardless.” Read the rest of this entry »

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Andy Worthington

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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