Migrants at Guantanamo could result in legal challenges, experts say
The Trump administration’s plan to detain some of the most dangerous illegal immigrants arrested in the United States in Guantanamo Bay, Cuba, has raised legal concerns and challenges that could potentially slow down efforts to deport them to their home countries. President Donald Trump has directed the Pentagon to prepare the facility to accommodate up to 30,000 “criminal illegal aliens” at the US military base, with flights to the facility already underway.
The decision to detain illegal immigrants at Guantanamo has sparked a range of legal uncertainties, most notably the likelihood of detainees filing petitions for a writ of habeas corpus to challenge the legality of their detention. Eugene Fidell, a visiting lecturer at Yale Law School, emphasized that the writ of habeas corpus is protected by the US Constitution and applies to those detained at Guantanamo, granting them access to the US District Court.
The first group of 10 criminal migrants who arrived this week will be held under the supervision of US Immigration and Customs Enforcement (ICE) in a separate wing of the detention facility, alongside the remaining 9/11 military combatants, including Khalid Sheikh Mohammed. However, the readiness of the facility to accommodate up to 30,000 migrants remains uncertain, with concerns raised about the infrastructure and facilities required to house such a large number.
Legal expert John B. Bellinger III noted that the transfer of unauthorized immigrants to Guantanamo is likely to trigger a wave of legal challenges, mirroring past cases involving refugees and terrorism suspects held at the facility. He highlighted that detainees held at Guantanamo will have the right to counsel and consular visits, potentially complicating the deportation process.
The Supreme Court’s 2008 decision granting individuals at Guantanamo the right to habeas corpus has been a significant factor in slowing down the prosecution of detainees like Khalid Sheikh Mohammed. Fidell pointed out that the intersection of habeas corpus law and immigration law could lead to prolonged legal battles in federal courts, potentially impeding the government’s efforts to expedite deportations.
The cost of housing migrants at Guantanamo is another concern, with Fidell noting that taxpayers may end up bearing the financial burden of maintaining the facility for a relatively small number of detainees. He emphasized that Congress would likely need to allocate additional funds for this purpose, as the operation of Guantanamo for migrant detention is unlikely to be cost-effective.
In conclusion, the Trump administration’s decision to detain illegal immigrants at Guantanamo Bay presents a complex legal and logistical challenge that could impede the deportation process. As legal battles unfold in federal courts, the administration will need to navigate a range of legal hurdles and financial considerations to execute its plan effectively.
