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center for constitutional rights
'Small But Important Win': Court Blocks Trump From Sending 3 Immigrants to Guantánamo
"Our clients refuse to be used as pawns in this twisted game of punishment theater," said a senior staff attorney at the Center for Constitutional Rights.
Feb 10, 2025
A federal court late Sunday temporarily blocked the Trump administration from sending three Venezuelan immigrants to Guantánamo Bay, where the U.S. president is planning to jail tens of thousands of people in new detention facilities that critics have likened to concentration camps.
The decision from Judge Kenneth Gonzales of the U.S. District Court for the District of New Mexico came in response to a request for a temporary restraining order filed by the Center for Constitutional Rights (CCR) and other advocacy organizations on behalf of three Venezuelan men currently being held in U.S. immigration detention in New Mexico.
"I fear being taken to Guantánamo because the news is painting it as a black hole," said Abrahan Barrios Morales, one of the petitioners. "I also see that human rights are constantly violated at Guantánamo, so I fear what could happen to me if I get taken there."
Baher Azmy, CCR's legal director, called the judge's decision Sunday a "small but important win for clients otherwise bound to the latest iteration of the legal black hole."
"Will the judge allow the executive branch to smuggle away individuals who have a pending case to a military prison on a remote island where there is no guarantee their rights will be respected or that they will even be able to make a phone call to their lawyers or their loved ones?"
The Trump administration has already moved dozens of people it characterized as Venezuelan gang members from El Paso, Texas to Guantánamo, the site of a notorious U.S. military prison that Amnesty International has described as "a symbol of torture, rendition, and indefinite detention without charge or trial."
The New York Timesnoted over the weekend that the administration "has not released any of their identities, though they are believed to all be men, nor has it said how long they might be held at the island outpost."
"So far, none of the first arrivals have been taken to an emerging tent city that has been set up for migrants," the Times reported. "Instead, they have been housed in the military prison."
According to CCR, its clients "came to the United States seeking asylum, and each passed an initial Credible Fear Interview with U.S. asylum officers by establishing a credible fear of persecution or torture in their home country" of Venezuela.
Jessica Vosburgh, a senior staff attorney at CCR, said in a statement Sunday that "our clients refuse to be used as pawns in this twisted game of punishment theater."
"The question before the court is simple," said Vosburgh. "Will the judge allow the executive branch to smuggle away individuals who have a pending case to a military prison on a remote island where there is no guarantee their rights will be respected or that they will even be able to make a phone call to their lawyers or their loved ones? The answer must be a resounding no."
Rebecca Sheff, senior staff attorney at the ACLU of New Mexico, warned that "transferring immigrants from Otero County to Guantánamo is a blatant attempt to obstruct their legal rights by placing them thousands of miles from their families and attorneys."
"We're outraged that New Mexico and El Paso, against the backdrop of the horrific cruelty of family separation in the first Trump administration, are once again being used as a testing ground for dehumanizing and dangerous immigration policies," Sheff added.
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Trump Plan for Migrant Prison Camp at Gitmo Should 'Horrify Us All'
"Guantánamo has long been a stain on America's human rights record. Using it to detain migrants would be a dangerous escalation of anti-immigrant policies," wrote one immigrant advocate.
Jan 31, 2025
U.S. President Donald Trump's announcement Wednesday that he is ordering officials to prepare the Guantánamo Bay Naval Base in Cuba to house tens of thousands of migrants was met with swift condemnation from rights groups this week.
"Guantánamo has long been a stain on America's human rights record. Using it to detain migrants would be a dangerous escalation of anti-immigrant policies," wrote Guerline Jozef, executive director at Haitian Bridge Alliance, an immigrant advocacy group, in a statement on Friday.
Trump announced the plan during a signing ceremony for the Laken Riley Act, legislation that strips due process rights from millions of undocumented immigrants, saying, "we have 30,000 beds in Guantánamo to detain the worst criminal illegal aliens threatening the American people."
A presidential action published by the White House that same day called on the Secretary of Defense and the Secretary of Homeland Security "to take all appropriate actions to expand the Migrant Operations Center at Naval Station Guantánamo Bay to full capacity to provide additional detention space for high-priority criminal aliens." The memorandum did not state how many migrants are expected to be detained there.
Vincent Warren, executive director of the Center for Constitutional Rights, called the move a decision that "should horrify us all."
"The order... sends a clear message: migrants and asylum seekers are being cast as the new terrorist threat, deserving to be discarded in an island prison, removed from legal and social services and supports," Warren continued.
Congressional Hispanic Caucus Chair Adriano Espaillat (D-N.Y.) said in a Thursday statement that he is "deeply troubled" by the plan, arguing that it raises "serious human rights concerns, risks significant abuses, and would impose unnecessary costs on taxpayers." Amnesty International has also decried the announcement.
Guantánamo Bay's military prison has become associated with the repression and violence carried out by the United States during the "War on Terror" that launched after the September 11, 2001 terrorist attacks. It has been used to hold hundreds of foreign terrorism suspects, many without charge, since it opened in 2002.
Facilities at Guantánamo Bay facilities have also been used to detain asylum seekers, migrants, and refugees for decades, but not in the manner that Trump is now suggesting.
Both Presidents George H.W. Bush and Bill Clinton processed Haitian refugees at Guantánamo Bay, but those were people taken into custody at sea, not brought from the U.S. mainland. And while the Biden administration last year considered processing Haitian migrants there as well, it never followed through with the policy.
Looking ahead, Warren of the Center for Constitutional Rights also vowed to fight back, saying his group "has challenged the U.S. government's use of Guantánamo in all its incarnations, and we, along with our partners, will do so again."
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'Finally!' 11 Men Transferred to Oman From Guantánamo, But 15 Remain
The president faces calls to "end the abhorrent U.S. practice of indefinite detention without charge or trial at Guantánamo by transferring the remaining detainees who have never been charged with crimes."
Jan 06, 2025
Human rights advocates on Monday praised the Biden administration's transfer of 11 Yemeni men from the United States' Guantánamo Bay military prison in Cuba to Oman for resettlement—which left just 15 detainees at the facility that opened nearly 23 years ago, during the early days of the so-called War on Terror, and is notorious for torture.
"We welcome the transfer of these 11 men to Oman by the Biden administration, as it was long overdue," said Daphne Eviatar, director of the Security With Human Rights program at Amnesty International USA, in a statement. "The U.S. government now has an obligation to ensure that the government of Oman will respect and protect their human rights."
Since taking office in 2021, President Joe Biden has failed to deliver on his promise to shutter the prison—like former President Barack Obama, who had Biden as his vice president. Between the Democrats, Republican former President Donald Trump, who wants to keep the facility open, served a term; he is set to return to the White House in two weeks.
Eviatar said that "we commend President Biden for taking this step before he leaves office and urge him to finally end the abhorrent U.S. practice of indefinite detention without charge or trial at Guantánamo by transferring the remaining detainees who have never been charged with crimes. This would be a tremendous achievement of his presidency."
The Center for Constitutional Rights (CCR)—which represents 51-year-old Sharqawi Al Hajj, one of the men flown to Oman—also welcomed the progress on Monday but called on the president to go even further while he remains in power.
"It is remarkable that the prison population at Guantánamo is down to 15 people," said CCR senior staff attorney Pardiss Kebriaei. "We urge the administration to press forward in transferring the remaining uncharged men, including Center for Constitutional Rights client Guleed Hassan Duran, allow resolution of the remaining charged cases through mutually acceptable pleas, and stand down in opposing habeas cases for anyone who is uncharged but will be left at Guantánamo."
Kebriaei represents Al Hajj, who "endured physical and psychological coercion" at Central Intelligence Agency sites before arriving at Guantánamo, where "he waged prolonged hunger strikes to protest his indefinite detention," and "attempted to hurt himself multiple times in moments of desperation," according to CCR. He was never charged with a crime.
"Our thoughts are with Mr. Al Hajj as he transitions to the free world after almost 23 years in captivity. His release is hopeful for him and for us," said Kebriaei. "We are grateful to Oman and to the individuals in the administration who made this transfer happen, and to the many people over the years whose work and advocacy paved the way for this moment."
The Pentagon said that the other 10 men are: Uthman Abd al-Rahim Muhammad Uthman, Moath Hamza Ahmed al-Alwi, Khalid Ahmed Qassim, Suhayl Abdul Anam al Sharabi, Hani Saleh Rashid Abdullah, Tawfiq Nasir Awad Al-Bihani, Omar Mohammed Ali al-Rammah, Sanad Ali Yislam Al Kazimi, Hassan Muhammad Ali Bib Attash, and Abd Al-Salam Al-Hilah.
The Pentagon also noted in its Monday statement that of the 15 remaining detainees, "three are eligible for transfer; three are eligible for a periodic review board; seven are involved in the military commissions process; and two detainees have been convicted and sentenced by military commissions."
As NPRreported:
Monday's transfers were originally scheduled to happen in October 2023, but were halted at the last minute due to concerns in Congress about instability in the Middle East following the Hamas attack on Israel.
That the plan was resurrected during President Biden's final two weeks in office signals a last-ditch effort by his administration to shrink Guantánamo's prisoner population and get closer to his goal of trying to close the facility. In recent weeks, the U.S. has transferred four other Guantánamo inmates—a Kenyan, a Tunisian, and two Malaysians—and is preparing for the transfer of at least one more, an Iraqi.
The repatriation of the Tunisian man, 59-year-old Ridah bin Saleh al-Yazidi, last week came on the same day that a Pentagon appeals panel upheld plea deals for Khalid Sheikh Mohammed, Walid bin Attash, and Mustafa al-Hawsawi, who were imprisoned at Guantánamo after allegedly plotting the September 11, 2001 terrorist attacks and agreed to spend the rest of their lives in prison to avoid execution.
Despite the Biden administration's progress, global vigils planned for Saturday "will, of course, be proceeding as planned, because 15 men are still held," according to journalist and Close Guantánamo co-founder Andy Worthington.
"This coming week—which includes the 23rd anniversary of the prison's opening, on Saturday, January 11—is a crucial time for highlighting the need for urgent action from the Biden administration," Worthington said, "in the last few weeks before Donald Trump once more occupies the White House, bringing with him, no doubt, a profound antipathy towards any of the men still held, and a hunger for sealing the prison shut as he did during his first term in office."
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