PENTAGON — The U.S. government is facing legal challenges over the use of a U.S. naval base in Guantanamo Bay, Cuba, to hold migrants slated for deportation. Civil and immigration rights groups have filed two lawsuits against the Department of Homeland Security and Secretary Kristi Noem, arguing that the government has overstepped its bounds by denying these migrants access to legal representation and attempting to send them to the base without proper legal authority, in violation of the U.S. Constitution.
The arguments in these lawsuits are set to take place in a U.S. District Court in Washington on Friday, where government lawyers will face off against attorneys representing these rights groups. The Department of Homeland Security has not yet responded to a request for comment on the upcoming hearing, but they have previously denied the allegations and criticized the groups behind the lawsuits.
In a statement to VOA, a DHS spokesperson, who chose to remain anonymous, stated, “The American Civil Liberties Union appears far more interested in promoting open borders and disrupting public safety missions than in protecting the civil liberties of Americans. They should consider changing their name.” The spokesperson also called the legal challenges “baseless.”
The idea of using the U.S. naval base in Guantanamo Bay as part of the Trump administration’s plans for mass deportations was first raised by President Donald Trump shortly after taking office in January. Secretary Noem of Homeland Security said that the base, which features a secure prison to hold captured terrorists, would be used to house “the worst of the worst.” Additionally, the administration suggested that the base could hold up to 30,000 migrants while they awaited deportation.
However, these plans never came to fruition. In early February, the U.S. began sending “high threat illegal aliens” to the detention center at Guantanamo Bay, followed by other nonviolent migrants who were held at different facilities. At its peak, close to 200 detainees were being held, many of whom were eventually deported to Honduras, Venezuela, or other countries.
Despite efforts to prepare the facilities for more migrants, the capacity was limited. According to a U.S. defense official who spoke to VOA on the condition of anonymity, the prison, as currently configured, can only hold up to 130 detainees. The Migrant Operations Center and a temporary tent city at the base can hold a maximum of 550 people.
As VOA first reported, on Tuesday, all 40 remaining migrants were removed from the prison and other facilities at Guantanamo Bay and flown to Louisiana. Neither DHS nor its subagency, Immigration and Customs Enforcement, have commented on this decision or the status and whereabouts of these migrants since their return to the U.S. mainland.
This sudden move has drawn criticism from immigrant rights groups, including those involved in the ongoing litigation. Pedro Sepulveda from the International Refugee Assistance Project stated, “The arbitrary and secret shuttling of people between Guantanamo and the U.S. demonstrates a complete disregard for human dignity, an affront to the rule of law, and a waste of public resources. No one should be detained at Guantanamo.” Sepulveda went on to say, “The Trump administration must stop these ill-conceived and cruel transfers and stop detaining immigrants at Guantanamo once and for all.”
The use of a U.S. naval base in Cuba to hold migrants has raised concerns about the violation of their basic rights and the government’s lack of transparency in the process. These lawsuits seek to hold the Department of Homeland Security accountable for their actions and ensure that these migrants have access to legal representation. The outcome of this hearing will have a significant impact on the treatment of migrants in the U.S., and it is crucial that the government upholds the values of fairness and justice for all individuals, regardless of their immigration status.
It is imperative that the U.S. government prioritize the protection of civil liberties and human dignity for all individuals, and this includes those seeking refuge in the country. Instead of using Guantanamo Bay as a means to hold migrants indefinitely, the government should focus on finding humane and just solutions for those who come to the U.S. seeking a better life.
The upcoming hearing will determine the fate of these migrants and their access to legal representation, which is a fundamental right guaranteed by the U.S. Constitution. It is our hope that the government will recognize the importance of upholding these rights and take steps towards ending the use of Guantanamo Bay as a detention center for migrants. Let us not forget that these are human beings seeking
