The Trump administration’s plan to detain some of the most dangerous illegal immigrants arrested in the US in Guantanamo Bay, Cuba, could raise legal concerns and challenges, which would expel them to their home country. Experts say it could delay efforts.
President Donald Trump has instructed the Department of Defense to prepare the facility at a facility that houses up to 30,000 “illegal criminal aliens” at US military bases. Flights to the facility began this week.
Approximately 150 Marines were at the Navy Station and set up tents for around 1,000 immigrants elsewhere in the facility. But as Trump and Defense Secretary Pete Hegses have promised, these facilities, with toilets and showers, are still not ready for an onslaught of 30,000 immigrants.
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Immigrants are preparing to board a flight to Guantanamo Bay. Detention of illegal immigrants in Guantanamo could pose legal challenges, experts say. (Ministry of Homeland Security)
Amidst the uncertainty of the plan, detained people are likely to file petitions on a warrant of a person who is asking the judge to consider the legality of prisoner detention. He teaches courses on military law and Guantanamo Bay.
“Nothing has changed in terms of that basic guidelines. That means there’s a habeasistic warrant protected in so many words by the US Constitution,” Fidel told Fox News. “And what that means is that those who are being taken to Guantanamo as part of the administration’s current efforts will have access to the US District Court.”
The first 10 criminal immigrants arriving this week will be detained under US Immigration Customs Enforcement (ICE) and will be detained on another wing of the detention facility. There, 15 remaining 9/11 military combatants, including the remaining 15 9/11 military combatants, as well as the 9/11 terrorist attacks.
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This photo, reviewed by US military personnel, shows the management tower of the CAMP VI detention facility at Guantanamo Bay Naval Base, Cuba on April 17, 2019. (AP Photo/Alex Brandon, File)
The arrival of illegal immigrants to Guantanano almost certainly presents a legal challenge, writes John B. Bellinger III, assistant senior fellow for International Security Law at the Council of Foreign Relations.
“Unauthorized immigrants have moved from the US to Guantanamo (or being threatened with a potential transfer) present a huge number of legal assignments and provide a lot of business to the courts,” he said. I wrote in an article published on Tuesday. “Haitian and Cuban refugees, previously detained in Guantanamo, have filed numerous lawsuits, like many terrorism suspects, that challenged detention and conditions.
Hegseth said the administration knows there are legal challenges, but bold measures are needed to secure borders.
“You have a hardening facility in Tren de Aragua, the type of violent gang member that requires such a lockdown. And you are the Guantanamo Bay Navy built for immigrants. It’s on the other side of the station and who will be peacefully kicked out of the United States for them,” he said. “We know there are legal challenges.”
Defense Secretary Pete Hegses is holding Chairman Pat, co-head of Charles Q. Brown Jr., on his shoulder, as he answered questions from reporters after arriving at the Pentagon Monday. (AP Photo/Kevin Wolf)
“Here we know. What President Trump knows is that border security and internal enforcement is national security. We invade under Joe Biden for the past four years. Because it was done,” added Hegses. “Ten millions of people have entered our country. We don’t know who they are. We find people illegally here and prioritize people from the violent or sketchy past. We intend to rank and use it as a transport method to remove and send back Guantanamo Bay to their home country.”
Bellinger said all previous cases of people detained in Guantanamo involved people detained in the United States who were arrested in the United States, saying they could file additional claims.
“Unauthorized immigrants detained in the United States also have the right to consult and visit the consulate from the state of nationality,” he said. “Such immigrants may argue that a move to Guantanamo interferes with their ability to exercise these rights.”
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A landmark ruling by the US Supreme Court in 2008 means that anyone who sent Habeas Corpus rights to Gitmo can challenge the legality of detention. The ruling has played a factor in slowing the government’s ability to complete the prosecution of Mohammed and other 9/11 planners.
“This is not a convenient venue,” Fidel said. “It’s not a venue that segregates government activities from federal court oversight.”
Fidel resisted efforts by previous administrations to have the federal courts take over Guantanamo, particularly Zadvydasv. He said he resisted Davis’ efforts to file a US Supreme Court case. Immigrants are allowed to apply.
“What you’re trying to see is generally the intersection of habeas laws with a very robust legal corporation that has grown over the years in the immigration sector,” he said. “And the notion that people can hold it for a long time is something I think we’ll see a lot of resistance in the courts.”
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This image shows migrants on a flight to Guantanamo Bay. (Ministry of Homeland Security)
In the case of Zadvydas, the High Court ruled that the High Court would not allow immigrants to be detained indefinitely under deportation orders not accepted by other countries. The case comes from Kestutis Zadvydas, a US resident alien who was deported in 1994 due to his criminal history. Zadvidas was born to parents in Lithuania, Germany, but he was not a citizen of either country, and neither accepted him.
In 1995 he filed a petition for a warrant of habeas corpus in federal court. The government appealed and the ruling was overturned.
From 1991 to 1993 and 1994 to 1996, some of the Guantanamo bases were used to house the numerous Haitians and Cubans who fled the country by boat or raft to claim US asylum. It was done.
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In addition to legal challenges that could slow the deportation process, taxpayers could cost millions of dollars to accommodate these migrants.
“There’s a theatrical dimension to this, but this is it. This is an operetta with a very expensive seating,” Fidel said. “We know that taxpayers are sacrificing their property to keep Guantanamo open for a small number of people who are being tried by the military commission. Long-term responsibility They are detainees.”
“Congress is not free to taxpayers, so we’ll have to make some money appropriate,” he added. “I think this is a fight, not a Guantanamo. I’m going to fight at John Marshall Place in Washington, DC.
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