The Guantanamo Bay detention center, a U.S. prison in Cuba operational since January 11, 2002, has long been a contentious symbol of human rights debates and international scrutiny. Over the past two decades, it has held 780 men and teenage boys, including at least 15 classified as juveniles, without formal charges. Despite an executive order from former President Barack Obama in 2009 to close the facility, bipartisan opposition over security concerns kept it open. In 2018, former President Donald Trump reversed this order and has now announced plans to repurpose Guantanamo Bay as a detention center for unauthorized immigrants. This move, part of a broader immigration strategy under the Laken Riley Act, which aims to expel unauthorized immigrants and make 30,000 beds available to house them, has sparked intense debate and legal challenges.
Trump's plan intends to house "the worst" undocumented immigrants—those with criminal records—at Guantanamo Bay. However, human rights lawyer Clive Stafford Smith predicts that legal action will challenge this initiative. Having visited Guantanamo Bay numerous times, Stafford Smith points out that the prison contains only 500 cells and a few additional spaces, questioning the feasibility of detaining 30,000 individuals. He argues that even if this number were detained, it would represent a negligible fraction of the total number of immigrants Trump has pledged to deport, rendering the action "totally inconsequential in the grand scheme."
“Bush said his Guantanamo scheme would help end terrorism, and it did precisely the opposite. Trump’s scheme will likewise make the US less safe, rather than more,” – Clive Stafford Smith
The Guantanamo Bay facility has faced accusations of employing torture tactics such as sensory deprivation, isolation, stress positions, and inducing stress using dogs. These practices have drawn criticism from organizations like Amnesty International and reports by United Nations officials highlighting human rights abuses. Amnesty International emphasizes that the facility symbolizes gross human rights abuses and torture by the U.S. government in its counterterrorism efforts.
“The facilities at Guantanamo have become emblematic of the gross human rights abuses and torture perpetrated by the US government in the name of counterterrorism.” – Amnesty International
Legal experts argue that Trump's plan might not withstand judicial scrutiny. Clive Stafford Smith notes that detainees at Guantanamo Bay would possess legal rights similar to U.S. residents, including constitutional protections and access to proper court proceedings.
“they will have all the legal rights of [US] residents there, including the entire Constitution and the right to a proper court” – Clive Stafford Smith
Moreover, he asserts that Trump's statement about not sending detainees home strengthens their case against indefinite detention.
“Thus they will have the same rights as any refugee – more, in fact, as Trump has already unwisely said he can’t send them home, which means there will be a strong case that they cannot be held indefinitely” – Clive Stafford Smith
While some lawmakers support the Laken Riley Act's intent to hold accountable those who commit crimes, others criticize its potential for abuse. Senator Catherine Cortez Masto expressed her support for holding criminals accountable under the Act.
“Anyone who commits a crime should be held accountable. That’s why I voted to pass the Laken Riley Act” – Senator Catherine Cortez Masto
Conversely, New York Representative Alexandria Ocasio-Cortez voiced concerns over potential miscarriages of justice under the bill's provisions.
“In this bill, if a person is so much as accused of a crime, if someone wants to point a finger and accuse someone of shoplifting, they would be rounded up and put into a private detention camp and sent out for deportation without a day in court” – New York Representative Alexandria Ocasio-Cortez
The plan faces criticism amid findings from a 2023 study by economists at U.S. universities indicating that immigrants are consistently less likely to be imprisoned than native-born Americans. This data challenges the narrative of widespread immigrant criminality.
Nonetheless, Trump remains steadfast in his resolve to implement the plan, asserting that it is a step toward eradicating migrant crime.
“Today’s signings bring us one step closer to eradicating the scourge of migrant crime in our communities once and for all” – Donald Trump
Critics argue the plan is more symbolic than substantive. Stafford Smith dismissed it as "a populist charade meant to show the US people that he is doing something."
“a populist charade meant to show the US people that he is doing something” – Clive Stafford Smith
