Introduction
One of the latest executive orders signed by the Trump administration announced that all illegal immigrants entering the USA will be arrested as soon as they cross the border and will be sent to the notorious Guantanamo Bay. The order, when initially announced, came as a shock to the people and as the orders were rather ambiguous in the beginning, it caused anxious panic across the whole country.
After the order was signed, in quick progression, President Trump ordered federal agencies, the Department of Homeland Security (DHS) and the Pentagon, to carry out the task of the identification and arrest of illegal immigrants across all 50 states and very quickly, one flight each day, immigrants were transferred to Guantanamo Bay. Currently, the estimated number of immigrants at the bay is 170, mostly Venezuelan nationals who comprise a big portion of the influx during the Biden administration.
History
In the year 1903, a treaty was signed between Cuba and America which authorized the USA to build a naval base at Guantanamo Bay. Both countries agreed on the term that the USA will be paying Cuba $4,850 as rent for the bay but, research reveals that there has been no payment after 1960. The bay is known to be a secluded piece of land that, according to some, separates it from the rest of the world. It remained unutilized up until 2002 when America decided it would go to war against terror after the tragic incident of 9/11. The president at the time, George W. Bush announced that the administration would build a military detention facility where all terrorists would be kept awaiting trial.
Michael R. Lehnert, a retired major general of the US Army was tasked to build the facility at Guantanamo back in 2002. In a recent interview, he recalls being given 96 hours to make the arrangements at the bay but was not told if the facility would be temporary or permanent. In his interview, he reportedly stated, “We made decisions when we were angry and scared but that is not the right time to make long-term decisions.” This statement is evidence that the administration at the time decided to build the facility without considering its future effects.
Controversial Reputation of the Guantanamo Military Detention Center
Over the years, the military detention facility at Guantanamo has generated a controversial reputation. After its establishment in 2002, a total number of 779 alleged terrorists were brought to the facility by the US military. Most of the individuals that were brought were Afghani Muslims arrested from Afghanistan or other South Asian countries. After two decades, it was revealed that the arrests were made without any evidence or warrants; identifications were based on hearsay and reports were made against them for the sake of bounties promised by the USA.
Currently, almost all the initially arrested have been released due to a lack of evidence against them. Only 15 people remained at Guantanamo with reports stating that no evidence has been found proving their involvement in the events of 9/11. Just like the rest, it is only a matter of time before they too will be released.
None of the 779 people sent to Guantanamo after 2002 were proven guilty which raises one question, who will be held responsible for their lost years and the trauma they will carry for the rest of their lives? Over the years, many of the released have come forward to tell their story and revealed the atrocities they were faced with at the facility. There are multiple claims of inhumane punishments, bad living conditions, torture, and violence including practices like electric shocks at the detention center. In addition, it is also claimed that no medical assistance was provided to the inmates.
These allegations are serious violations of international law but have been denied by the White House every time the question is raised. The detainees at the facility, in addition to mental and physical torture, were also not given any information about the charges they were arrested on nor given access to a legal representative or to a court which is a violation of the fundamental rights of an individual. Over time, there have been talks of closing the facility. The administrations of President George W. Bush and President Barack Obama allegedly wanted to shut down the facility. Barack Obama even passed an executive order to this effect in 2009 but, due to opposition from Congress on grounds of National security, the detention center was not closed.
Guantanamo Migrant Operation Center
Two facilities were established by the US at the Guantanamo Bay. One of them is the military detention center built to hold alleged terrorists while the other is the migrant operation center built to temporarily house illegal migrants awaiting their deportation or spending their parole before being documented.
In the year 1994, an estimated 50,000 Cuban and Haitian refugees were held in a refugee camp at the bay while they awaited their immigration. Some of these people were allowed to immigrate to the US, while others were settled in third-party countries like Canada and Australia. Presently, none of the 50,000 refugees remain at the Guantanamo Migrant Operation Center but this marks the start of the bay being used to hold illegal immigrants.
The Recent Executive Order Issued by President Donald Trump
On January 29, 2025, President Donald Trump, ordered the expansion of the facilities at Guantanamo. The president, in rather shocking news, revealed that the facility will be used to hold all illegal immigrants on US soil. The president stated that these individuals were the worst criminals who posed a threat to American nationals and therefore needed to be removed from the American society immediately. In his statement, President Trump said that these individuals were serious criminals and even their own home country could not be trusted to keep them there and, therefore, would be sent to Guantanamo Bay instead of being deported.
Aftermath of the Executive Order
The events that followed the executive order raised many questions. The president ordered two federal agencies, the Department of Homeland Security and the Pentagon, to initiate raids and arrests of all illegal immigrants across the country. In the following two weeks, an estimated number of 150 Venezuelan nationals, living undocumented on US soil, were transported to Guantanamo Bay by the US military. A flight, carrying at least a dozen immigrants is believed to have left the US daily.
According to reports, the procedure of these arrests has been questionable. The Pentagon and the Department of Homeland Security (DHS) reportedly carried out these arrests using unmarked vehicles instead of police cars. At the time of the arrest, the individuals are not allowed to appoint a legal representative or show a proper warrant for their arrest which is against the American law. In quick progression, transportation to Guantanamo also began and it has not been clear what procedure will be followed for the detention and deportation of those detained.
Contradictions in the Administration’s Statements
Initially, the trump administration stated that the individuals that are to be detained at Guantanamo were, “worst of the worst criminals” but, research reveals that most of the Venezuelan nationals detained at Guantanamo have no previous criminal record. There has been no evidence proving them to be violent individuals posing a threat to American society.
An unsettling fact about this situation is that the US Immigrations and Customs Enforcement Agency (ICE) has been authorized by the administration to cancel immigration parole for individuals who arrived in the United States in the past two years. Officials have been instructed to use their judgment in deciding whether to cancel or maintain parole for these individuals at the time of the arrest.
Legal Aspect
If we analyze the situation under US law, a case against undocumented immigrants is classified as a civil case. However, the statement given by Karoline Leavitt, the White House’s press secretary, contradicts this completely. Ms. Leavitt reportedly stated that every individual who illegally crosses the border into the US is automatically a criminal by definition and will be dealt with accordingly. She also stated that this operation will be a major cultural shift across the country as the past administrations did not view it this way. This statement contradicts the initial standpoint of the administration which initially claimed that if an individual has not committed a crime, there is nothing for them to be worried about as only the violent criminals will be sent to the Guantanamo detention center.
Another important legal aspect is the lack of due process during these arrests. It has not been cleared by the administration whether these individuals will be given access to a legal representative or a court of justice and whether the expeditionary court, established at Guantanamo Bay back in 2002, will be utilized for these immigration cases as well. It is important to note here that, currently the US justice system faces a backlog of 4 million immigration cases. However, the current administration, in a questionable move, has fired a dozen immigration judges responsible for adjudicating claims of people facing deportation and other immigration issues.
Tren De Aragua
The detained undocumented individuals were also alleged to be part of the notorious gang, Tren De Aragua. This claim was made by the administration to justify the arrests and detention of these alleged “violent criminals.” Recent reports have shown that there is no evidence proving that these individuals are connected to the gang. During Trump’s last term (2017-2021), a similar claim was made when undocumented immigrants were arrested and detained for their alleged connection to another gang, MS 13. In that case as well, no evidence was found to prove the arrestees’ involvement with the gang.
Comparison with the Past
Historically, undocumented immigrants have been held at Guantanamo awaiting their deportation or resettlement into a third country. However, this situation is unique as never in US history have individuals been sent to the Guantanamo Bay Migration Operation Center from the soil of the US.
Allegations have arisen, claiming that the illegal immigrants transported to Guantanamo Bay under the orders of President Trump are not only being housed in the migration center but the military detention center, where 15 of the alleged terrorists are still being held, is also being utilized. Another important distinction to note here is that, in the past, the maximum number of immigrants held at Guantanamo Bay was 130 but, the Trump administration is planning to hold 30,000 undocumented immigrants which is a significant increase in number.
Conclusion
President Trump plans to hold an estimated 30,000 undocumented immigrants at Guantanamo Bay. The facility, however, does not have the capacity of such a large number. Many experts have also raised the question of whether it is in the state’s interest to bear the financial burden of the redevelopment of the facility and the transportation of 30,000 individuals to Guantanamo.
Another concern raised by some experts is whether it is legally justified to hold these undocumented immigrants outside US territory instead of deporting them back to their home countries. The situation is still unfolding as many questions remain unanswered. While some American nationals support the Trump administration, calling it the largest deportation operation in American history, many are criticizing the decision.
It is believed by many that once these undocumented immigrants are sent to Guantanamo Bay, their fate might mirror that of those taken there in 2002. Just like them, these immigrants might be largely forgotten and sent back to their home countries without any formal apology or compensation from the US after wasting decades of their lives.
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Fatima Mazhar is a 9th-semester law student at the International Islamic University, Islamabad. She is currently serving as the chairperson of the Law Students Council, Pakistan.