The Trump administration has transferred over 175 men described as Venezuelans with final deportation orders to Guantánamo Bay, historically known for holding wartime detainees. This move raises concerns about indefinite detention and legal implications. The site is preparing to potentially hold up to 30,000 migrants, with military operations supported by the Coast Guard. Although these men include individuals labeled as high-threat, specifics about their cases remain undisclosed. The military’s involvement in managing migrants prompts worries about legality and mission creep. Costs for this operation could be significant due to necessary supplies and troop deployments for this new mission.
The Trump administration has transported over 175 men from an immigration detention facility in Texas to the U.S. military base at Guantánamo Bay. These individuals have been identified as Venezuelans with final deportation orders, but the specific reasons for their transfer remain unclear.
Over the years, the base has accommodated many migrants, including numerous Haitians and Cubans. However, it is primarily known for housing wartime detainees captured after the attacks on Sept. 11, 2001. This legacy often raises concerns about indefinite detention without charges, creating a perception of a legal void.
Here are some insights we have gathered about the migrant initiative thus far.
Is Guantánamo prepared for 30,000 migrants?
On January 29, President Trump instructed the Defense and Homeland Security Departments to get the base ready to accommodate as many as 30,000 migrants.
Recent satellite images indicate that tents have been erected near a facility previously used for migrant operations.
As of Tuesday, about 850 military personnel and civilians were assigned to migrant operations, with over 700 coming from the U.S. military.
The military, supported by the Coast Guard, has been managing and safeguarding the Venezuelans across two facilities: the 120-bed Migrant Operations Center adjacent to the tents, and a 176-cell military prison designated for individuals the Trump administration has flagged as potentially dangerous. As of Wednesday, around 175 individuals remained in this facility, 127 of whom were categorized as “high-threat illegal aliens,” according to an anonymous Defense Department official.
So far, the Migrant Operations Center has solely been under the jurisdiction of the Department of Homeland Security, which has employed contractors to oversee its management. Last week, the Immigration and Customs Enforcement division of D.H.S. had assigned 10 officers temporarily for the entire migrant operation, with plans to deploy 50 “contract security personnel,” as reported by homeland security representatives to Congress.
To ramp up capacity to tens of thousands, additional personnel will be necessary. Military plans indicate a strategy to accommodate over 3,500 U.S. troops near tent arrangements meant for over 11,000 migrants.
Who are the individuals currently held at Guantánamo Bay?
The Trump administration has characterized the men sent to the base as violent gang members awaiting deportation, yet has not provided any supporting evidence.
Names and specific deportation justifications have not been disclosed. However, investigations into court records for some of the known cases show that these individuals entered the U.S. illegally, such as by crossing the Rio Grande, and were apprehended by border patrol agents.
Recently, terms like “illegal aliens” have been used to describe these individuals.
Are the Venezuelan men destined to be forever prisoners?
This might hinge on whether the Trump administration can facilitate arrangements with the Venezuelan government or another nation to accept them.
U.S. officials have labeled the migrant initiative at Guantánamo as a temporary holding site for those with final deportation orders. Potential complications could arise if individuals claim they should not be sent back, for example, if they have asylum requests that haven’t been fully evaluated.
While Venezuelans are arriving at Guantánamo, others have been sent back. On February 10, Venezuela dispatched two planes to El Paso, retrieving around 190 of its citizens who were also facing deportation orders. Concurrently, a U.S. military cargo plane transported 15 men to Guantánamo Bay, where they were placed in the 120-bed facility.
Concerning Guantánamo’s mission related to terrorism imprisonment, 780 Qaeda and Taliban detainees were transferred there between 2002 and 2008. Currently, only 15 remain. These men are classified as military prisoners under the president’s war powers and await trial.
Could the migrants utilize the courtroom established for the Sept. 11 case?
Not unless there is a significant legal overhaul.
The legislation that created the military commissions system strictly confines its application to trials for foreign citizens who are associated with Al Qaeda, specifically individuals designated as detainees in the terrorism conflict, an international armed conflict.
According to U.S. law, the Qaeda detainees at Guantánamo Bay are prohibited from setting foot on American soil.
The Venezuelans currently at Guantánamo are treated as civilian detainees who were apprehended in the United States or at the border during peacetime and are technically under the purview of the Department of Homeland Security. Like the wartime detainees, they could potentially contest their detention in federal court.
However, the migrants have not been charged with any war crimes, and there are no restrictions preventing their return to the U.S. for court appearances.
What’s the concern regarding U.S. troops guarding migrants at the terrorism prison?
One major concern revolves around the potential for mission creep and the militarization of a civilian immigration situation. Additionally, there are legal implications and questions regarding the appropriate use of funds.
Traditionally, the U.S. military has provided security and support to the Department of Homeland Security within the country, but has refrained from overseeing the custody and management of foreign nationals awaiting deportation, leaving this task to civilian immigration personnel and contractors who typically operate under different regulations and possess the necessary language skills and expertise.
At Guantánamo, Army guards and Navy medics, trained for a specific mission related to long-term detainees from the war on terrorism, are now responsible for the care of numerous younger, Spanish-speaking migrants, which presents a shift from their original focus.
Moreover, certain migrants are being held in what could be considered double military custody aboard the heavily restricted base, overseen by its Navy commander.
Individuals identified as “high-threat illegal aliens” are confined in a prison facility that was recently used for holding Qaeda suspects. This facility falls within a high-security zone for wartime detention operations, controlled by an Army colonel under the command of the U.S. Southern Command.
Do we have an estimate for the cost of this initiative?
No specific figures, but it will undoubtedly be costly. The tents and cots at Guantánamo were previously stored for potential humanitarian emergencies in the Caribbean. However, most supplies, including pallets of drinking water, will need to be airlifted to the base.
Since 2002, operations related to the detention and prosecution of those involved in terrorism have incurred billions of dollars, averaging $13 million annually per detainee, per a 2019 report, which included court expenses.
This operation has more fixed financial commitments, involving troops arriving on scheduled deployments and housed in barracks originally built for prison guards.
The Pentagon has recently increased air transport missions to the base utilizing C-17s and competing costly Air Force cargo aircraft, and will need to train, mobilize, and accommodate more personnel for this new directive.
Is this initiative part of a communication strategy?
Certainly, imagery of men in restraints being transported to Guantánamo Bay could serve as a powerful message.
Such visuals might deter foreigners from attempting illegal crossings into the U.S. due to fears of ending up in Guantánamo. Supporters of Trump may also perceive this initiative as a fulfillment of a promise made during his initial campaign to populate the cells of Guantánamo with “bad dudes.”
Legal actions have commenced.