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'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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'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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Supreme Court That 'Let Trump Off the Hook' Allows Insurrection Ban on State Official
"Crucially, this decision reinforces that every decision-making body that has substantively considered the issue has found that January 6th was an insurrection," said the head of one watchdog group.
Mar 18, 2024
Just two weeks after handing former U.S. President Donald Trump a crucial win, the country's Supreme Court on Monday turned down an appeal from the only public official removed from office for participating in the January 6, 2021 insurrection.
The high court—which has a right-wing supermajority that includes three Trump appointees and Justice Clarence Thomas, whose wife backed the Republican's efforts to overturn his 2020 loss—declined to take the case of Couy Griffin, who was booted off the Otero County Commission by a New Mexico court in 2022, after he was convicted of breaching and occupying Capitol grounds.
In response to a lawsuit brought by the watchdog Citizens for Responsibility and Ethics in Washington (CREW) on behalf of New Mexico residents, the state's 1st Judicial District Court removed Griffin from his local post under Section 3 of the 14th Amendment, which bars anyone who has taken an oath to the U.S. Constitution and then engaged in insurrection from holding office.
"By refusing to take up this appeal, the Supreme Court keeps in place the finding that January 6th was an insurrection."
CREW also represented Colorado Republican and Independent voters who recently sought to get Trump—facing off against Democratic President Joe Biden in this year's presidential election—off their state's primary ballot, one of several 14th Amendment battles that emerged before the ongoing primaries. In Trump's case, the court determined that states can't ban federal candidates from ballots.
"We conclude that states may disqualify persons holding or attempting to hold state office," reads the majority opinion in Trump v. Anderson. "But states have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the presidency."
Because of that first line, legal experts stressed, the Griffin denial is actually consistent with the justices' ruling in the Trump case, despite the apparent discrepancy. CREW said Monday that the high court "let Trump off the hook" but the group also welcomed the Griffin decision.
"By refusing to take up this appeal, the Supreme Court keeps in place the finding that January 6th was an insurrection, and ensures that states can still apply the 14th Amendment's disqualification clause to state officials," said CREW president Noah Bookbinder.
"Crucially, this decision reinforces that every decision-making body that has substantively considered the issue has found that January 6th was an insurrection, and Donald Trump engaged in that insurrection," he added. "Now it is up to the states to fulfill their duty under Section 3 to remove from office anyone who broke their oath by participating in the January 6th insurrection."
Griffin said on social media Monday that "I just found out (through the media) that my appeal to the SCOTUS has been denied. Very disappointed. I don't even know what to say. But I thank you for your prayers and for standing with me through this."
Less than an hour later, the Cowboys for Trump co-founder publicly pitched himself as a potential running mate for the presumptive GOP nominee, saying: "Has Donald Trump picked a vice president yet? Would be such an honor to only be considered."
The twice-impeached former president has not yet announced a VP. While Trump has defeated the 14th Amendment effort for now—though a November win could spark another court fight—he faces four ongoing criminal cases, two of which stem from his attempt to overturn the 2020 results. It's not clear if any of those cases will go to trial before the next presidential election.
In a bid to get his federal election interference case—and possibly others—dismissed, Trump is trying to claim presidential immunity. After declining to weigh in early on, the Supreme Court agreed to hear immunity arguments on April 25.
Trump's other election interference case in Fulton County, Georgia has been plagued by controversy involving the district attorney's love life. He also faces a federal case involving classified documents and a New York state case related to hush money.
Also in New York state, Trump, his real estate company, his adult sons, and a former executive were hit with major fines in a civil fraud case last month. His attorneys said in a Monday filing that obtaining a bond for the $464 million judgment—which includes what is owed by Don Jr. and Eric Trump—while he appeals is a "practical impossibility," meaning asset seizure is possible.
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