Civil rights attorneys have initiated a significant legal battle against the Trump administration, filing a lawsuit on Saturday aimed at preventing the transfer of 10 migrants currently detained in the United States to Guantanamo Bay, Cuba. This marks the second legal challenge in less than a month regarding the administration's controversial plans to use the naval base for holding up to 30,000 immigrants facing deportation.
The latest federal lawsuit specifically concerns 10 men who are facing imminent transfer to the Guantanamo Bay facility. This legal action follows a previous lawsuit filed earlier this month that sought access to migrants already detained at the naval base. Both cases were filed in Washington and are supported by the American Civil Liberties Union (ACLU). Reports indicate that at least 50 migrants have already been transferred to Guantanamo Bay, with estimates suggesting that this number may now be closer to 200. Significantly, this situation represents the first instance in U.S. history where the government has detained noncitizens on civil immigration charges at Guantanamo Bay, a facility historically reserved for individuals associated with the September 11 attacks.
President Trump has publicly stated that Guantanamo Bay, often referred to as “Gitmo,” has the capacity to house up to 30,000 immigrants living in the U.S. He has indicated his intention to transfer “the worst” or high-risk “criminal aliens” to this facility. However, the administration has not disclosed specific details regarding the individuals being transferred, leaving many questions unanswered about the nature of the alleged offenses and whether these individuals have been convicted or merely charged.
The lawsuit highlights the backgrounds of the 10 men in question, who arrived in the U.S. in 2023 or 2024. Seven of these individuals hail from Venezuela, with claims that two of them have suffered torture at the hands of the Venezuelan government due to their political beliefs. Additionally, one man from Afghanistan and another from Pakistan sought refuge in the U.S. due to threats from the Taliban, while another individual fled Bangladesh because of political threats related to his party membership. Lee Gelernt, an ACLU attorney and lead counsel for the case, emphasized that the aim of this lawsuit is to prevent more individuals from being unlawfully sent to Guantanamo Bay, where conditions have been reported as inhumane.
The attorneys assert that this latest lawsuit is an emergency filing designed to halt what they view as imminent and unlawful transfers. They argue that these transfers infringe upon the men's right to due legal process as guaranteed by the Fifth Amendment of the U.S. Constitution. Furthermore, the lawsuit contends that federal immigration law prohibits the transfer of non-Cuban migrants from the U.S. to Guantanamo Bay, and it challenges the legality of holding individuals outside U.S. territory, given that the naval base is considered part of Cuba.
According to the lawsuit, the transfers are described as arbitrary, and the attorneys argue that Guantanamo Bay lacks the necessary infrastructure to accommodate even the 10 men involved. The legal representation for these migrants posits that the intention behind these transfers is to create a climate of fear within the immigrant community. They further claim that many individuals already sent to Guantanamo Bay do not possess serious criminal records, with some having no criminal history at all.
This recent legal filing follows a previous lawsuit filed on February 12, which claimed that migrants transferred to the naval base had essentially “disappeared into a black box,” unable to contact attorneys or family members. While the Department of Homeland Security maintains that detainees can reach their attorneys by phone, concerns over accessibility and legal rights persist. In a separate federal lawsuit filed in New Mexico, a federal judge blocked the transfer of three Venezuelan immigrants to Guantanamo Bay, highlighting the ongoing legal battles surrounding these transfers.
The Guantanamo Bay migrant detention center operates separately from the military's detention facility established during President George W. Bush's administration in response to the war on terror. The number of detainees has significantly decreased from nearly 800 to just 15, including high-profile cases like that of Khalid Sheikh Mohammed, the alleged mastermind of the September 11 attacks. Defense Secretary Pete Hegseth, who previously served at Guantanamo, has described the facility as a “perfect place” for housing migrants, while Trump has characterized it as “a tough place to get out of.”
This ongoing situation raises critical questions about immigration policy, human rights, and the treatment of noncitizens in the United States, as civil rights attorneys continue to challenge the administration's actions in court.
