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The Trump administration plan to stop some of the most dangerous illegal immigrants Arrested in the United States in Guantanamo Bay, Cuba, he could raise legal concerns and challenges, which could delay efforts to deport them to their countries of origin, experts say.
President Donald Trump has ordered the Pentagon to prepare the installation to house up to 30,000 “illegal criminal foreigners” in the military base of the United States. The flights to the installation began this week.
Around 150 Marines are at the Naval Station and have established tents for around 1,000 migrants in the other part of the installation. But those facilities with latrines and showers are not ready for an avalanche of 30,000 migrants as promised by Trump and Secretary of Defense Pete Hegseth.
A migrant prepares to board a flight to Guantanamo Bay. The arrest of illegal immigrants in Guantanamo could raise legal challenges, experts say. (National Security Department)
Among the uncertainties of the plan, the inevitable is that the detainees will probably present requests for a habeas corpus letter, who asks a judge to review the legality of the detention of the prisoner, said Eugene Fidell, a visiting teacher of Yale Law Faculty who teaches a course on military law and Guantanamo Bay.
“Nothing has changed in terms of that basic guide, which means that the order of habeas corpus, which is protected by the constitution of the United States in so many words, applies there,” Fidell told Fox News. “And what that means is that people who are being taken to Guantanamo as part of the administration’s current effort will have access to the United States District Court.”
The first 10 criminal migrants who arrived this week will be held under USA (Ice) Control in a separate wing from the detention center where the remaining 15 military combatants of September 11 are located, including Sheikh Khalid Mohammed, the main architect of the terrorist attack of September 11.
In this photo reviewed by US military officers, the Camp VI detention camp control tower is seen on April 17, 2019 at the Naval Bay of the Guantanamo Bay, Cuba. (AP Photo/Alex Brandon, Archive)
The arrival of illegal immigrants to Guantanano will almost surely result in legal challenges, wrote John B. Bellinger III, an attached member of the International and National Security Law in the Foreign Relations Council.
“Unauthorized immigrants transferred (or threatened with a possible transfer) from the United States to Guantanamo will present a wide range of legal challenges, providing many businesses for the courts,” he wrote in an article published on Tuesday. “Haitian and Cuban refugees previously contained It is Guantanamo“Man many of the terrorism suspects, numerous demands that defy the detention and conditions flowed, several of which were finally heard by the Supreme Court.”
Hegseth said the administration knows that there will be legal challenges, but that ensuring the border requires bold measures.
“You have the hardened installation for Aragua Train, violent types of gang members who need such blocking. And then you have on the other side of the Naval Station of the Island of the Bay of Guantanamo, a place built for migrants, for those for those Those who are going to be taken from the United States, “he said. “We know there will be legal challenges.”
Defense Secretary Pete Hegseth, on the right, president of the Joint Chiefs of General Staff, General Charles Q. Brown Jr., on his shoulder while answering the questions of journalists after arriving at the Pentagon on Monday. (Photo AP/Kevin Wolf)
“This is what we know. What President Trump knows is that border security and internal application is national security. Because we were invaded during the last four years under Joe Biden,” Hegseth added. “Dozens of millions of people entered our country. We have no idea who they are. We are going to find them illegally, prioritizing those with a violent or incomplete past and using Guantanamo Bay as a form of transit to eliminate them and send them back to their country of origin “.
Bellinger said that all the previous cases of the detainees in Guantanamo involved people arrested outside the US.
“Unauthorized immigrants detained in the United States also have the right to advise and be visited by a consular official of their country of nationality,” he said. “Such immigrants can affirm that their transfer to Guantanamo will interfere with its ability to exercise these rights.”
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In 2008, a milestone Supreme Court of the United States The decision gave someone sent to Gitmo the right to habeas corpus, which means that anyone in Guantanamo can challenge the legality of their detention. The ruling has played a factor that has slowed the government’s ability to complete Mohammed’s prosecution and the other September 11 planners.
“This is not a convenient place,” said Fidell. “It is not a place that isolates the government activities of the supervision of federal courts.”
Fidell said that the previous administrations have resisted efforts for the Federal Court to exercise the supervision of Guantanamo, resulting in a series of judicial 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 illegal immigrants could apply.
“What you are going to see is an intersection of the habeas corpus law in general with the very robust law that has grown over the years in the field of immigration,” he said. “And the notion that people can be retained for prolonged periods of time is one that I think will find a lot of resistance in court.”
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This image shows migrants addressing a flight to Guantanamo Bay. (National Security Department)
In the case of Zadvydas, the Superior Court ruled that the doctrine of plenary power does not allow the indefinite detention of immigrants under order of deportation to whom no other country will accept. The case comes from Kestutis Zadvydas, who was a foreigner resident in the United States and was Sorted Deported in 1994 due to its criminal record. Zadvydas was born from Lithuanian parents in Germany, but was not a citizen of any of the countries, none of which would accept it.
In 1995, he presented a request for a habeas corpus order in a federal court, which was finally granted and released under supervision. The government appealed and the ruling was revoked.
From 1991 to 1993 and 1994 to 1996, part of the base in Guantanamo was used to house a large number of Haitians and Cubans who fled their countries into boats and rafts to claim asylum In the United States
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In addition to the legal challenges that could delay the deportation process, the housing of these migrants could cost taxpayers millions of dollars.
“There is a theatrical dimension in this. But this is. This is an operetta for which the seats are extremely expensive,” Fidell said. “We know that taxpayers are costing a fortune to keep Guantanam Somewhere that accepts those that are arrested in the long term. “
“The Congress will have to appropriate 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. It will be fought in John Marshall Place in Washington, DC, where the Federal Court is located.”
