The Trump administration said it would focus on sending "the worst" criminals to a military base in Guantanamo Bay, but a new memo shows it actually granted broad authority to law enforcement to decide who to send there.
The document, obtained by CBS News, is an agreement between the Department of Homeland Security (DHS) and the Department of Defense. It outlines criteria for transferring migrants that go beyond criminal history despite earlier statements from President Trump about Guantanamo housing only "the worst" criminal offenders.
The memo allows migrants with final deportation orders to be detained at Guantanamo if they have a "nexus" to a transnational criminal organization or drug activity, including individuals who paid such groups to facilitate their entry into the United States. The definition could include many migrants, considering criminal organizations control many unlawful routes into the U.S. The document does not require an individualized criminal assessment for detainees.
Migrants who overstayed visas are not eligible for transfer, but if the method of entry is unclear, officials are permitted to assume a connection to criminal smuggling organizations based on the migrant's country of origin, the document adds. Critics cited by the outlet argue this broad interpretation could result in detaining low-risk individuals at a facility previously used for terrorism suspects.
However, the amount of migrants held at the facility is minimal and far from the some 30,000 who Trump said could be housed there. 42 migrants are currently held at Guantanamo — 32 at the Migrant Operations Center and 10 at Camp VI, a high-security facility. The agreement maintains that all detainees remain under the legal custody of Immigration and Customs Enforcement (ICE), with the military providing facilities and basic services. DHS is responsible for legal access, medical care, and eventual relocation within 180 days of a final deportation order.
The policy has drawn legal challenges from civil rights advocates, including the ACLU, which alleged that migrants were initially held without access to legal representation. The administration later said detainees had been provided access to attorneys. White House officials have indicated that the use of Guantanamo for immigration detention will continue, but a mid-March report detailed plans to draw down presence there, especially due to its cost.
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