The Trump administration is preparing to fly migrants from the U.S. southern border to Guantanamo Bay, Cuba. According to two U.S. officials and a person familiar with the planning, attorneys at both the Department of Homeland Security (DHS) and the Pentagon are still trying to determine whether such a step is even legal.
A military flight carrying migrants is expected to depart for Guantanamo Bay on Tuesday, one of the officials confirmed. This follows President Donald Trump’s memorandum instructing the federal government to prepare the U.S. Naval base to house tens of thousands of migrants.
While Guantanamo Bay does have a migrant-processing center, it has historically been used for individuals interdicted at sea, not migrants already within U.S. borders. This unprecedented move pushes the boundaries of existing immigration law and raises significant questions about the legal status and rights of these migrants.
“They’d be pushing the limits of where the Immigration and Nationality Act applies,” said a former Homeland Security official. Since immigration law governs actions within the U.S., relocating migrants to Guantanamo Bay could create a legal loophole that complicates their right to due process.
Key questions remain unanswered:
- How long can migrants legally be detained at Guantanamo Bay?
- What rights will they have while held at the base?
- Will they have access to legal representation or social services?
The source familiar with the plan emphasized that these issues are still being debated behind the scenes, with no clear answers yet.
Human rights organizations and legal experts are likely to challenge this move, citing potential violations of international law and the U.S. Constitution.
As the first flight of migrants is set to land at Guantanamo Bay, all eyes will be on how the situation unfolds. Legal battles, protests, and international backlash are expected as more details emerge. For now, the fate of those migrants, and the legal implications of this unprecedented move, hangs in the balance.
Stay tuned for updates as this story develops.
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