As tents are being set up in Guantanamo Bay, Cuba, to accommodate migrants, there is ongoing deliberation among attorneys at the Department of Homeland Security and Pentagon regarding the legality of flying migrants from the US southern border to the facility. This unprecedented move is part of President Donald Trump's directive to prepare the US Naval base to house tens of thousands of migrants.
The plan involves using Guantanamo Bay's migrant-processing center, which has primarily been utilized for migrants intercepted at sea, not those brought from the United States. Questions surrounding the legal implications of holding migrants at the base, including their rights, duration of detention, and access to legal and social services, remain unanswered.
Pentagon assets have been deployed to construct tents near the migrant operations center, with US Marines and Army personnel providing support services. The facility is expected to hold less than 200 people at maximum capacity, necessitating a significant logistical effort that is estimated to take 30 days.
Discussions are underway with private contractors to build additional tent facilities capable of accommodating up to 30,000 single adults. These individuals are anticipated to be transported to Guantanamo Bay on military flights before being repatriated to their countries of origin.
While federal immigration authorities have previously used tent facilities along the US southern border for temporary holding, concerns have been raised about the swift establishment of similar facilities at Guantanamo Bay without clarity on the duration of detention.
Homeland Security Secretary Kristi Noem emphasized that the intention is not to hold migrants at the base indefinitely but to adhere to legal immigration laws and ensure appropriate treatment of individuals. Under the Biden administration, the center was assessed for potential use in managing mass maritime migration, with plans to expand capacity within approximately 30 days.
Trump's immigration advisers have indicated that the Guantanamo Bay detention facility for migrants would be overseen by Immigrations and Customs Enforcement, expanding upon existing migrant centers managed out of Miami.
