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immigrant rights
'Moral Crisis for This Nation': Trump Sued Over Access to Gitmo Prisoners Held 'Illegally' Offshore
“Our Constitution does not allow the government to hold people incommunicado, without any ability to speak to counsel or the outside world."
Feb 13, 2025
A coalition of civil liberties and immigrant rights groups have sued the Trump administration for detaining migrants incommunicado at the offshore prison camp in Guantánamo Bay, Cuba, after they were initially taken into custody in the United States.
The lawsuit—filed Wednesday in federal court by the ACLU, Center for Constitutional Rights (CCR), International Refugee Assistance Project (IRAP), and ACLU of the District of Columbia—was brought on behalf of several plaintiffs, including the sister of a Venezuelan man being held at the facility. It demands that all those being detained have immediate access to legal assistance.
According to the groups, the administration "has provided virtually no information about immigrants newly detained at Guantánamo, including how long they will be held there, under what authority and conditions, subject to what legal processes, or whether they will have any means of communicating with their families and attorneys."
“Our country must not create a shadow system of indefinite detention, stripping noncitizens of their legal protections simply by transferring them offshore."
After pictures emerged last week of the first batch of prisoners shipped to the island and a large tent city that has been erected at Gitmo since President Donald Trump took office less than four weeks ago, fears over what the administration has in store for the facility have only grown.
On Sunday, a federal judge blocked the transfer of three men, currently held in New Mexico, to the island prison complex, but that order only pertained to those specific individuals. The individuals already transferred to Gitmo have yet to be identified by the administration, according to the right groups, or given access to outside legal assistance.
"By hurrying immigrants off to a remote island cut off from lawyers, family, and the rest of the world, the Trump administration is sending its clearest signal yet that the rule of law means nothing to it. It will now be up to the courts to ensure that immigrants cannot be warehoused on offshore islands," Lee Gelernt, deputy director of the ACLU's Immigrants' Rights Project, said in a Wednesday statement announcing the lawsuit.
Deepa Alagesan, senior supervising attorney at IRAP, said, "Secretly transferring people from the United States to Guantánamo without access to legal representation or the outside world is not only illegal, it is a moral crisis for this nation."
In an interview with the New York Times published Tuesday, Yajaira Castillo, who lives in Colombia, said she only realized her brother, Luis Alberto Castillo of Venezuela, was among those detained at Gitmo because she spotted him in photos posted on social media by Kristi Noem, the secretary of homeland security, who visited the island Friday.
"My brother is not a criminal," said Castillo. “This is all discrimination and xenophobia, just because he's Venezuelan.”
Eucaris Carolina Gomez Lugo, a plaintiff in the suit filed Wednesday, has a similar story: she only discovered her brother was in detention after photos of him in shackles were spotted.
While the administration has claimed those migrants sent to Gitmo are the "worst of the worst," they have presented no evidence to back up these claims, and the relatives of those who have come forward, like Castillo, say they are completely fraudulent. Castillo shared details and documentation about her brother's asylum claim efforts with the Times.
"Detaining immigrants at Guantánamo Bay without access to legal counsel or basic due process protections is a grave violation of their rights and an alarming abuse of government power," said Rebecca Lightsey, co-executive director of American Gateways. "Our country must not create a shadow system of indefinite detention, stripping noncitizens of their legal protections simply by transferring them offshore."
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'Careful What You Post': ICE Expanding Surveillance of Social Media Critics
"ICE's attempt to have eyes and ears in as many places as we exist both online and offline should ring an alarm for all of us," said one campaigner.
Feb 11, 2025
U.S. Immigration and Customs Enforcement is seeking to hire a contractor as part of an effort to expand the monitoring of negative social media posts about the agency, its personnel, and operations, according to a report published Monday.
According toThe Intercept's Sam Biddle, ICE is citing "an increase in threats" to agents and leadership as the reason for seeking a contractor to keep tabs on the public's social media activity.
The agency said the contractor "shall provide all necessary personnel, supervision, management, equipment, materials, and services, except for those provided by the government, in support of ICE's desire to protect ICE senior leaders, personnel, and facilities via internet-based threat mitigation and monitoring services."
"These efforts include conducting vulnerability assessments and proactive threat monitoring," ICE added, explaining that the contractor will be required to provide daily and monthly status reports and immediately alert supervisors of "imminent threats."
Careful what you post: ICE is seeking private contractors to conduct social media surveillance including detection of merely "negative" sentiment about the agency's leadership, agents, and general operations theintercept.com/2025/02/11/i...
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— Sam Biddle (@sambiddle.com) February 11, 2025 at 9:27 AM
ICE will require the monitor to identify and report "previous social media activity which would indicate any additional threats to ICE," as well as any information indicating that individuals or groups "making threats have a proclivity for violence" and anything "indicating a potential for carrying out a threat."
According to Biddle:
It's unclear how exactly any contractor might sniff out someone's "proclivity for violence." The ICE document states only that the contractor will use "social and behavioral sciences" and "psychological profiles" to accomplish its automated threat detection.
Once flagged, the system will further scour a target's internet history and attempt to reveal their real-world position and offline identity. In addition to compiling personal information—such as the Social Security numbers and addresses of those whose posts are flagged—the contractor will also provide ICE with a "photograph, partial legal name, partial date of birth, possible city, possible work affiliations, possible school or university affiliation, and any identified possible family members or associates."
The document also requests "facial recognition capabilities that could take a photograph of a subject and search the internet to find all relevant information associated with the subject." The contract contains specific directions for targets found in other countries, implying the program would scan the domestic speech of American citizens.
"Careful what you post," Biddle warned in a social media post promoting his article.
ICE is already monitoring social media posts via contractor Giant Oak, which was hired during the first Trump administration and former Democratic President Joe Biden's term. However, "the goal of this [new] contract, ostensibly, is focused more narrowly on threats to ICE leadership, agents, facilities, and operations," according to Biddle.
Cinthya Rodriguez, an organizer with the immigrant rights group Mijente, told Biddle that "the current administration's attempt to use this technology falls within the agency's larger history of mass surveillance, which includes gathering information from personal social media accounts and retaliating against immigrant activists."
"ICE's attempt to have eyes and ears in as many places as we exist both online and offline should ring an alarm for all of us," Rodriguez added.
The search for expanded ICE social media surveillance comes as President Donald Trump's administration is carrying out what the Republican leader has promised will be the biggest mass deportation campaign in U.S. history. The U.S. Department of Homeland Security has been deporting migrants on military flights, with some deportees imprisoned at Guantánamo Bay, the notorious offshore U.S. military prison in Cuba.
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'He's Building a Concentration Camp': Fears Grow as Images Emerge of Offshore Prison at Gitmo
"There's no reason to build this in Guantánamo unless you want to do things you don't think you could get away with on the U.S. mainland. It's easy to put tents in Florida. But they're putting them in Cuba. Ask yourself why."
Feb 09, 2025
Fears are growing that the offshore U.S. detention facilities at Guantánamo Bay, Cuba, are an ominous sign of what President Donald Trump has in store as he further disregards the rule of law and normalizes actions that previously would have been unthinkable or faces immediate, bipartisan opposition in Congress.
After the first pictures emerged Saturday of still unidentified persons transferred to the island from the U.S. mainland by immigration officials, progressive journalist Nathan Robinson was among those raising the alarm, accusing Trump of "building a concentration camp and deliberately putting it where it is hardest to monitor or enforce the law."
The New York Times, alongside pictures of newly-erected tents taken by photojournalist Doug Mills, reported Saturday that the administration had already "moved more than 30 people described as Venezuelan gang members to the U.S. Navy base at Guantánamo Bay, as U.S. forces and homeland security staff prepare a tent city for potentially thousands of migrants." Mills was traveling Friday with Kristi Noem, the secretary of homeland security, as she made her first visit to the offshore site.
According to the outlet:
Ms. Noem visited the nascent tent camp, where the administration has suggested that thousands, perhaps tens of thousands, of migrants who pose lesser threats could be housed. She watched Marines rehearse how to move migrants to the future tent city, and she was shown a tent with cots and a display of basic items to be provided each new arrival — T-shirt, shorts, underwear and a towel — and then got an aerial view of the mission from a Chinook helicopter.
"The Trump administration," the Times reported, "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."
According to critics like Robinson, "There's no reason to build this in Guantánamo unless you want to do things you don't think you could get away with on the U.S. mainland. It's easy to put tents in Florida. But they're putting them in Cuba. Ask yourself why."
On Friday, a coalition of more than a dozen rights groups—including the ACLU, National Immigration Law Center, and others—sent a letter to the Department of Homeland Security (DHS), Department of Defense (DoD), and the U.S. State Department demanding Trump officials provide immediate access to those who have been transferred out of the country to the offshore facility.
In addition, the groups demanded to know:
- The immigration status of the ten noncitizens detained there
- Who does the government intend to transfer to and detain at Guantánamo, including what criteria, legal or otherwise, the administration is or will be using to decide who to transfer and detain at Guantánamo
- Which government agency has custody of the transferred noncitizens at Guantánamo
- What authority is the government invoking to transfer noncitizens from the United States to Guantánamo and what authority is the government invoking to hold them at Guantánamo
- The length of time that the government will be holding these noncitizens at Guantánamo and plans for them after
"Sending immigrants from the U.S. to Guantánamo and holding them incommunicado without access to counsel or the outside world opens a new shameful chapter in the history of this notorious prison," said ACLU deputy director of immigrant rights Lee Gelernt. "It is unlawful for our government to use Guantánamo as a legal black hole, yet that is exactly what the Trump administration is doing."
Setareh Ghandehari, advocacy director of Detention Watch Network, said Friday that the expansion of operations at Guantánamo "is especially alarming given its remote location and the decades-long documented history of abuse and torture there, which will only be exacerbated by the well-documented abuse inherent to the ICE detention system, including abuse, unsanitary conditions, and medical neglect. In no uncertain terms—lives are in jeopardy."
While previous administrations have exploited the land seized by the U.S. in Cuba to detain and process asylum seekers and migrants in the past, those were individuals interdicted at sea or before having ever set foot on American soil. The facilities have not been used to hold noncitizens deported from the U.S. mainland.
Last week, Slate's Mary Harris interviewed journalist Andrea Pitzer, author of "One Long Night: A Global History of Concentration Camps," who acknowledged that while many immediately think of Nazi Germany's death camps under Adolf Hitler when they hear the term "concentration camp," it is not wrong to describe the U.S. prison facilities at Guantánamo that way and for important reasons.
In her questioning, Harris posed to Pitzer how the existence of Guantánamo "doesn’t mean it’s going to become Auschwitz" necessarily, but that it does make "the road to Auschwitz more possible."
And Pitzer responded:
That's exactly right. And so what it means is even to do the most horrible things that humans have done takes time. It takes sort of a space and imagination and tools and resources. And the more of those kinds of tools and resources we line up in one place, the more room there is for the obscene or the perverted imagination to work. And even Auschwitz—keep in mind that it was 1933 when Hitler came to power and they started with concentration camps right out of the gate. So within the first weeks, Dakau is opened, though not quite in its final form, but it is already a camp and it takes almost a decade to get to even this final solution. And so, yes, absolutely, the Holocaust as we know it, as we remember it, has never been repeated. Nothing has come close to that. But you do not get to the death camps without having several years of Auschwitz, of Buchenwalds, of those beforehand.
"And right now," Pitzer said of Gitmo's legacy and the new purpose that Trump is giving it, "we have a place where there has been torture, we have a place where there has been riots, we have a place where there have been people held without trial for more than 20 years. And those are some of the most dangerous seeds that humanity can plant."
"The Holocaust as we know it, as we remember it, has never been repeated. Nothing has come close to that. But you do not get to the death camps without having several years of Auschwitz, of Buchenwalds, of those beforehand."
In a weekend column, the Philadelphia Inquirer's Will Bunch warned that even as much of the Trump administration's targeting of immigrants and refugees thus far should be seen as a "propaganda" exercise designed to titillate his base and antagonize his liberal opponents, the danger present by the Gitmo policy and others are very real.
"The bigger worry, " writes Bunch, "is that just because the cruelty of mass deportation is largely performative doesn’t mean these performances won’t scale up dramatically in the months ahead. Trump reportedly is already badgering his border czar, Tom Homan, and ICE to meet ambitious arrest targets, which would probably require crueler and more legally dubious measures that would fill those empty tents at Gitmo. If the president needs his phony war against a nonexistent border invasion to distract the American heartland from the coming evisceration of government services, the cruelty will become a bigger and bigger point."
Referencing the great Russian playwright's famous quote about the introduction of a gun onstage, Bunch opined that Trump's performative brand of governance does not mean the threat isn't real.
"You don't need Anton Chekhov," noted Bunch, "to understand that you don't build empty tents at Gitmo in Act One of your presidency unless you plan to fill them in Act Three."
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