Lawyers are warning that the more than three dozen suspected gang members taken to the military prison in Guantanamo Bay are in a "legal black hole" while they stay in a facility that has been described as a "tomb above ground."
Lawyers consulted by the Washington Post highlighted that the names of the detainees have not been released, nor the crimes they are suspected of. The Trump administration described them as "dangerous criminals" and alleged members of Venezuelan-born gang Tren de Aragua.
A Defense Department spokesperson stated that these individuals are classified as "high-threat criminal illegal aliens" and remain in U.S. Immigration and Customs Enforcement (ICE) custody despite their detention in a military-run facility. The official added that new arrivals would be temporarily housed in designated migration holding areas and treated in accordance with international humanitarian standards until they could be returned to their countries of origin.
Attorneys familiar with Guantánamo have raised concerns over the legal status of the detainees, arguing that they have been denied access to legal counsel, a right that even terrorism suspects held at the base have been afforded. Moreover, they said that even if they are confirmed to be gang members, they don't qualify to be held in the high-security area of the prison, which has been described by former inmates as a "tomb above ground."
Homeland Security Secretary Kristi Noem has defended the administration's actions, stating that detainees' legal rights are being upheld and that the goal is to facilitate swift deportations.
A recent report from the International Refugee Assistance Project criticized conditions at the Migrant Operations Center, citing mold, sewage issues, and a lack of confidential legal communication. Former detainees have recounted limited access to attorneys, inadequate living conditions, and psychological distress among detained children, according to the Washington Post.
Three Venezuelans managed to avoid being sent to Guantanamo on Sunday after a federal court blocked an attempt by the Trump administration. Concretely, the court upheld a request from The Center for Constitutional Rights, which asked for a "temporary restraining order" given the fact that the men "have a pending case before the court challenging their unlawfully prolonged detention."
Department of Homeland Security (DHS) Secretary Kristi Noem did not rule out sending undocumented immigrants who did not commit violent crimes to Guantanamo Bay, saying it will "have facilities meeting the same standards as others in the U.S."
"I don't think the president will tie his hands when it comes to what he has to do to guarantee the safety of the U.S.," Noem added. Asked whether she is comfortable with the legality of taking people to the Cuban enclave, Noem said she is and so is President Donald Trump. "Obviously there'll be people that will be critics of that, but we are standing up the operations, believing we have all legal right and authority to do so, and that facility has been used for migrants in the past," she added.
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