The Trump administration’s plan to detain some of the most dangerous illegal immigrants arrested in the United States in Guantanamo Bay, Cuba, could raise legal concerns and challenges, which could slow efforts to deport them to their home countries, experts say.
President Donald Trump has instructed the Pentagon to prepare the facility to house up to 30,000 “criminal illegal aliens” at the U.S. military base. Flights to the facility began this week.
Around 150 Marines are at the Naval Station and have set up tents for around 1,000 migrants in the other part of the installation. But those facilities with latrines and showers are not yet ready for an onslaught of 30,000 migrants as promised by Trump and Defense Secretary Pete Hegseth.
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A migrant prepares to board a flight to Guantanamo Bay. The detention of illegal immigrants at Guantanamo could raise legal challenges, experts say. (Department of Homeland Security)
Among the uncertainties of the plan, what’s inevitable is that those detained will most likely file petitions for a writ of habeas corpus, which asks a judge to review the legality of the prisoner’s detention, said Eugene Fidell, a visiting lecturer at Yale Law School who teaches a course on military law and Guantanamo Bay.
“Nothing has changed in terms of that basic guideline, which means that the writ of habeas corpus, which is protected by the U.S. Constitution in so many words, applies there,” Fidell told Fox News. “And what that means is that the people who are being taken to Guantanamo as part of the administration’s current effort are going to have access to the United States District Court.”
The first 10 criminal migrants who arrived this week will be held under U.S. Immigration and Customs Enforcement (ICE) control in a separate wing of the detention facility where the 15 remaining 9/11 military combatants, including Khalid Sheikh Mohammed, the…
