Civil rights attorneys filed a lawsuit against the Trump administration on Saturday, aiming to stop the transfer of 10 undocumented immigrants detained in the U.S. to Guantánamo Bay, Cuba.
This marks the second legal challenge in less than a month against the administration’s plan to detain up to 30,000 people at the naval base before deportation.
The latest federal lawsuit specifically addresses the cases of 10 men at risk of being transferred. Their attorneys claim that the administration has refused to disclose who will be transferred or when.
This case, like the attorneys’ previous lawsuit seeking access to detainees already sent there, was filed in Washington and is backed by the American Civil Liberties Union (ACLU).
At least 50 people have already been transferred to Guantánamo Bay, with civil rights attorneys estimating the current number may be around 200
They argue this is the first time in U.S. history that non-citizens have been detained there on civil immigration charges. Historically, Guantánamo Bay was used primarily to hold foreign nationals linked to the September 11, 2001, attacks.
Trump’s Plan for Guantánamo Bay
Trump has claimed that Guantánamo Bay, also known as “Gitmo,” has space for up to 30,000 people and has stated that he intends to send “the worst” or high-risk “criminal aliens” there.
However, the administration has not disclosed details about those being transferred, making it unclear what crimes—if any—these individuals have committed, whether they have been convicted, or if they were merely arrested or charged.
“The purpose of this second Guantánamo lawsuit is to prevent more people from being illegally sent to this notorious prison, where the conditions have now been revealed to be inhumane,” said Lee Gelernt, an ACLU attorney and lead counsel on the case.
“The lawsuit is not claiming they cannot be detained in U.S. facilities, but only that they cannot be sent to Guantánamo.”
The 10 men facing transfer come from countries such as Afghanistan, Bangladesh, Pakistan, and Venezuela. Their attorneys insist they are neither high-risk criminals nor gang members. Trump’s 29 January executive order expanding operations at Guantánamo Bay stated that a key goal was to “dismantle criminal cartels.”
Guantanamo Bay in Cuba
Legal Challenges to the Transfers
Attorneys for the men described their latest lawsuit as an emergency filing to stop imminent transfers and to challenge the Trump administration’s broader detention plans.
They argue that sending the men to Guantánamo Bay violates their constitutional right to due process under the Fifth Amendment.
Additionally, the lawsuit contends that federal immigration law prohibits the transfer of non-Cuban migrants from the U.S. to Guantánamo Bay.
It also argues that the U.S. government lacks the authority to detain people outside its sovereign territory, as the naval base is legally considered part of Cuba. The lawsuit describes the transfers as arbitrary and unlawful.
Attorneys further allege that many of those already sent to Guantánamo Bay have little to no criminal record. Their initial lawsuit, filed on 12 February, stated that detainees had “effectively disappeared into a black box,” with no ability to contact legal representation or family members.
The U.S. Department of Homeland Security, one of the agencies named in the lawsuit, responded by saying detainees have access to attorneys by phone.
In a separate legal case, a federal judge in New Mexico blocked the transfer of three Venezuelan immigrants to Guantánamo Bay on 9 February. Their attorneys claimed they had been wrongly accused of gang affiliation.
The Migrant Detention Center at Guantánamo Bay
The migrant detention facility at Guantánamo Bay operates separately from the U.S. military prison established during President George W. Bush’s post-9/11 “war on terror.”
At its peak, the military prison housed nearly 800 detainees, but today, only 15 remain, including Khalid Sheikh Mohammed, the accused mastermind of the 9/11 attacks.
U.S. Defense Secretary Pete Hegseth, who was stationed at Guantánamo during his military service, has described it as a “perfect place” to hold undocumented immigrants. Trump has also referred to the naval base as “a tough place to get out of.”
A United Nations investigator who visited the military detention center in 2023 reported that conditions had improved but found that detainees continued to face constant surveillance, forced removals from their cells, and excessive use of restraints.
The investigator concluded that these practices amounted to “ongoing cruel, inhuman, and degrading treatment under international law.” The U.S. government responded by saying it disagreed “in significant respects” with the findings.
