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The Trump administration’s plan to stop — some of the most dangerous illegal immigrants Arrested in the United States in the Bay of Guantanamo, Cuba, could raise legal concerns and challenges, which could stop their efforts to deport them to their countries of origin, according to experts.
President Donald Trump has commissioned the Pentagon to prepare for the installation to house up to 30,000 “criminal illegal foreigners at the United States military base. Flights at the facility started this week.
About 150 marines are at the naval station and have created tents for about 1,000 migrants in the other part of the installation. But these facilities with latrines and showers are not yet ready for a 30,000 migrant attack, as promised Trump and Secretary of Defense Pete Hegseth.
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A migrant is preparing to climb a flight to Guantanamo Bay. According to experts, the arrest of illegal immigrants to Guantanamo could raise legal challenges. (National Security Department)
Among the uncertainties of the plan, what is inevitable is that detainees will be able to submit requests for a letter by Habeas Corpus, who asks a judge to review the legality of the detention of the prisoner, said Eugene Fidell, a visiting teacher of Yale Law School who teaches a course on Military Law and Guantanamo Bay.
“Nothing has changed in terms of this basic directive, which means that the writing of Habeas Corpus, protected by the United States Constitution in so many words, applies there,” Fidell told Fox News. “And what this means is that people who are taken to Guantanamo as part of the current administration’s effort will have access to the United States district court.”
The first 10 criminal migrants who have arrived this week will be held United States Customs Immigration and Application (ICE) Control in a separate wing of the detention installation where the remaining 15 military fighters of 11/11, including Khalid Sheikh Mohammed, the main architect of the 11/ 11.
In this photo reviewed by North -American military officials, the control tower of the detention installation of Camp VI is seen on April 17, 2019 at the naval base of Guantanamo Bay, Cuba. (AP Photo/Alex Brandon, File)
The arrival of illegal immigrants to Guantanano will take place almost safely on legal challenges, wrote John B. Bellinger III, a senior deputy of international security law and national of the Foreign Relations Council.
“Unauthorized immigrants transferred (or threatened with a potential transfer) from the United States to Guantánamo will present a wide range of legal challenges, providing many businesses for courts,” he wrote in an article published on Tuesday. “Haitian and Cuban refugees were previously held is guantanamo– There were many suspects of terrorism, they presented numerous dresses that challenged the arrest and conditions, several of which were finally heard by the Supreme Court. “
Hegseth said that the administration knows that there will be legal challenges, but that the guarantee of the border requires daring measures.
“You have the Aragua train hardened installation, types of violent band members who need this type of blockade. And then you have on the other side of the island of the Naval Station of Guantanamo Bay, A place built for migrants, for those who peacefully extract in the United States, “he said. “We know there will be legal challenges.”
The Secretary of Defense, Pete Hegseth, Law, President of Pats of the joint cabinet chief, General Charles Q. Brown Jr., on his shoulder as he answers journalists’ questions after arriving at Pentagon on Monday. (AP Photo/Kevin Wolf)
“This is what we know. What President Trump knows is that border security and internal application is national security. Because they invaded us for the last four years under Joe Biden,” added Hegseth. “Dozens of millions of people entered our country. We have no idea who they are. We will find them here illegally, prioritizing those who have a violent or crazy past and use Guantanamo Bay as a form of traffic for eliminate them and send them back to their country of origin. “
Bellinger said that all previous cases of those detained in Guantanamo involved detained people outside the United States that those arrested in the United States will be able to file additional claims.
“Unauthorized immigrants detained in the United States also have the right to advise and visit a consular official of their country of nationality,” he said. “These immigrants can say that their transfer to Guantanamo will interfere with their ability to exercise these rights.”
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In 2008, a milestone US Supreme Court The decision gave anyone sent to Gitmo the right to Habeas Corpus, which means that any person of Guantanamo can challenge the legality of his arrest. The ruling has had a factor that has slowed the Government’s ability to complete the persecution of Mohammed and the other planners of 11/11.
“It’s not a convenient place,” Fidell said. “It is not a place that isolates government activities from the supervision of federal courts.”
Fidell said that the previous administrations have resisted efforts to ensure that the Federal Court exercises Guantanamo supervision, leading to a number of court cases, especially the case of the Supreme Court of the United States of Zadvydas v. Davis, noting that those cases that deal with the indefinite detention of the illegal of the illegal of the immigrants could request.
“What you will see is an intersection of the Habeas Corpus law generally with a very robust bill that has grown over the years in the field of immigration,” he said. “And the idea that people can be celebrated for extended periods of time is what I think will find a lot of resistance in court.”
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This image shows the migrants who are pregnant on a flight to the Guantanamo bay. (National Security Department)
In the case of Zadvydas, the high court ruled that the doctrine of plenary power does not allow the indefinite detention of immigrants under the order of deportation to whom any other country will accept. The case comes from Kestutis Zadvydas, who was an alien resident in the United States and was tidy deported In 1994 due to its criminal record. Zadvydas was born of Lithuanian parents in Germany, but he was not a citizen of either countries, none of which would accept him.
In 1995, he filed a request for a letter from Habeas Corpus in a federal court, which was finally granted and released under supervision. The government appealed and the ruling was annulled.
From 1991 to 1993 and from 1994 to 1996, part of the base in Guantanamo was used to house a large number of Haitians and Cubans who fled their countries on ships and ponds to claim in the USA
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In addition to the legal challenges that can stop the deportation process, the housing of these migrants could cost millions of dollars to taxpayers.
“There is a theatrical dimension. But it is. It is an operetta for which the seats are extremely expensive,” said Fidell. “We know that taxpayers will cost a fortune to keep the guantanamo open for the good handful of people than the military commission, as well as the even smaller handful of people who are simply retained by repatriation or sent somewhere they will accept they are long -term detained. “
“Congress will have to take advantage of some money because it will not be free for taxpayers,” he added. “I think this is a battle that will be fought not in Guantanamo. John Marshall Place in Washington, DC, will be fought, where the federal court is located.”
