Lawsuit challenges Trump's order transferring immigrants to Guantánamo

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Deborah Archer President at American Civil Liberties Union | Official website

Lawsuit challenges Trump's order transferring immigrants to Guantánamo

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Immigrants' rights groups have filed a lawsuit against the Trump administration, seeking to stop the transfer of immigrants from the United States to Guantánamo Bay. The American Civil Liberties Union (ACLU), Center for Constitutional Rights, International Refugee Assistance Project (IRAP), and ACLU of the District of Columbia are representing noncitizens in the U.S. who are at risk of being moved to Guantánamo.

Guantánamo Bay is known for its prison facility, often used by the U.S. government to operate without transparency. A previous lawsuit was filed on behalf of detainees’ family members and legal service providers seeking access to immigrants transferred there; this case is still pending.

The current lawsuit aims to prevent the transfer of ten individuals from the U.S., arguing that such actions lack legal authority and violate federal law and constitutional rights. Lee Gelernt, lead counsel and deputy director of the ACLU’s Immigrants’ Rights Project, criticized the plan as "illegal and unprecedented."

Baher Azmy, Legal Director at the Center for Constitutional Rights, stated: “As we know from decades of challenging indefinite detention there, Guantánamo has no purpose other than to project lawlessness, domination, and cruelty.” Eunice Cho from ACLU’s National Prison Project added that this move marks a first in relocating immigrants held on civil immigration charges within U.S. borders to Guantánamo.

Kimberly Grano from IRAP expressed concern over human rights abuses associated with Guantánamo: “The Trump administration is exploiting this sordid history... This lawless project must be stopped.” Arthur Spitzer from ACLU's District of Columbia branch noted: “Nothing in U.S. law authorizes ICE to detain people in foreign countries.”

The complaint can be accessed online along with an emergency stay motion through links provided by ACLU.

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