Some Migrants Sent by Trump to Guantánamo Are Being Held by Military Guards

The Current Situation: Venezuelans in ICE Custody and Their Transfer to Guantánamo

As of recent weeks, the U.S. government has identified a specific group of individuals for transfer to the Guantánamo Bay detention center: Venezuelans currently in the custody of Immigration and Customs Enforcement (ICE). Congressional staffers were briefed on this criteria, which targets Venezuelan nationals who have been deemed difficult to deport due to the strained diplomatic relations between the U.S. and Venezuela. Despite these challenges, Venezuela recently made an effort to repatriate some of its citizens, sending two flights to pick up deportees. This development suggests a potential shift in the dynamics between the two nations, though the broader context of diplomatic tensions remains unresolved.

By Tuesday, ICE had transferred a total of 98 men to Guantánamo, according to sources tracking flights from El Paso to the Navy base in southeast Cuba. Of these individuals, 53 were being held in Camp 6, a facility notorious for its high-security conditions, where they were under the guard of military personnel. The remaining 45 migrants were placed in a lower-security building on the opposite side of the base, supervised by members of the Coast Guard, which falls under the Department of Homeland Security. Notably, the names of these 45 individuals were not included on the list obtained by The New York Times, raising questions about transparency and accountability in the process.

Labeling and Classification: "Criminal Aliens" and Gang Affiliation Claims

The Trump administration has framed these would-be deportees as “criminal aliens,” with officials alleging that many of the men are associates of the Tren de Aragua gang. However, the basis for these accusations remains unclear, and The New York Times was unable to independently verify the claims. This lack of clarity has sparked concerns about the criteria used to select individuals for transfer to Guantánamo and whether due process is being followed. The labeling of these migrants as “criminal aliens” has also drawn criticism from advocates, who argue that such terminology dehumanizes individuals and overlooks the complexities of their cases.

The choice to house these individuals at Guantánamo, a facility historically associated with the detention of alleged terrorists, further complicates their legal standing. While some are being held in high-security Camp 6, others are in less restrictive conditions, suggesting that their perceived threats vary. However, the government has not provided detailed information about the specific reasons behind these classifications or the evidence supporting the gang affiliation claims. This ambiguity raises questions about the fairness and legality of the detention process.

The Role of Guantánamo Bay and Its Expansion for Migrant Detention

Since President Trump issued an order on January 29 directing the military and homeland security agencies to prepare for an expansion of migrant operations at Guantánamo Bay, the U.S. Southern Command has been mobilizing staff and resources to the base. The order specifically called for the creation of a center to detain “high-priority criminal aliens unlawfully present in the United States.” This move represents a significant expansion of Guantánamo’s role, which had previously been focused on housing detainees related to the war on terrorism.

The Pentagon, which oversees the detention center, has recently issued a “hot fill” announcement seeking a Spanish-language interpreter for a 182-day assignment at the prison. This urgency underscores the growing need for linguistic support as the facility begins to house Spanish-speaking migrants. However, it is unclear whether the current guards at Camp 6, who include military personnel and Coast Guard members, will be replaced or supplemented by homeland security personnel in the future. This uncertainty adds to the confusion surrounding the operation and its long-term goals.

Legal Challenges and Advocacy for Detainees’ Rights

On Wednesday, a coalition of legal aid organizations filed a lawsuit against the Trump administration, demanding that migrants detained at Guantánamo Bay be granted access to legal counsel. The lawsuit, led by Lee Gelernt of the American Civil Liberties Union (ACLU), seeks to ensure that these individuals have the opportunity to challenge their detention and explore their legal options. This legal action highlights the broader concerns about the rights of those being held at the facility and the lack of transparency in their cases.

The lawsuit also raises fundamental questions about the legality of detaining migrants at Guantánamo Bay, a site long criticized for its extrajudicial nature. Advocates argue that migrants, regardless of their criminal history or immigration status, are entitled to due process and legal representation. The case could set a critical precedent for the treatment of det