Immigrant rights groups filed a lawsuit against the Trump administration to prevent the transfer of immigrants from the U.S. to Guantanamo Bay. The groups argue that the transfers are illegal and unconstitutional, violating federal law and the Fifth Amendment. The individuals at risk of transfer include Venezuelan, Afghan, Pakistani, and Bangladeshi nationals with final orders of removal. The lawsuit aims to stop the transfer and detention of these individuals at Guantanamo, stating that the U.S. has sufficient detention capacity on its own soil. The lead counsel in the case referred to the move as “theatrics” and emphasized that sending immigrants to Guantanamo is costly, illogical, and unprecedented.
The government has not provided notice of when transfers will occur or who will be transferred to Guantanamo. Last month, detainees’ family members and legal services groups filed a suit claiming impediments to access to counsel for immigrants transferred to Guantanamo. In response, the administration revealed the detention of 178 migrants from Venezuela at Guantanamo, with most being deported and one returned to U.S. detention. The ACLU criticized the administration for detaining people in foreign countries without legal authority, calling the treatment of immigrants unnecessary and unlawful. The legal advocacy groups are seeking an emergency stay to prevent the imminent transfer of the 10 individuals to Guantanamo, emphasizing that the move is baseless and poses a risk of harm to the detainees.
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