Lawsuit Challenges Trump’s “Cruel, Unnecessary and Illegal” Transfers of Migrants to Guantánamo
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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.
Shocking Reports of the Systemic Brutalization and Dehumanization of Migrants Held at Guantánamo
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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.
Victory for US Law as Trump Abruptly Empties Guantánamo of All the Migrants He Just Sent There
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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.
Horror at Trump’s Guantánamo: 53 Migrants Now Held Illegally and Incommunicado in the “War on Terror” Prison
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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.
Trump is Illegally Holding Migrants Seized in the US in the “War on Terror” Prison at Guantánamo Bay
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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.”
Who's still at Guantánamo?
