Trump Administration Plan for custody Some of the most dangerous illegal immigrants Arrested in the United States at Guantanamo Bay in Cuba could cause legal problems and challenges, which could slow the efforts to deport them to their home countries, experts say.
President Donald Trump instructed the Pentagon to prepare an facility for accommodation up to 30,000 “criminal illegal foreigners” in a US military basis. Flights for the facility started this week.
About 150 marines are located at the Navy station and set tents for about 1,000 migrants in the second part of the installation. But those facilities with Latrine and showers are not yet ready to attack 30,000 migrants as promised by Trump and Minister of Defense Pete Hegsetth.
The migrant prepares for the flight boarding of the Guantanamo Bay. The detention of illegal immigrants in Guantanama could launch legal challenges, experts say. (Homeland Security Department)
Among the insecurities of the plan, what is inevitable is that they are detained most likely to submit the pleas for writing Habeas Corpus, who asks the judge to reconsider the legality of the prisoner detainee, said Eugene Fidell, a guest lecturer on Faculty of Law Yale who teaches the course on the military law and the Gvantanamo bay.
“Nothing has changed in terms of this basic guidelines, which means that the writing of Habeas Corpus, which is a US constitution, is protected in so many words,” Fidell told Fox News. “And what does that mean is that people who have been taken to Guantanamo as part of the current effort of administration will access the District Court of the United States.”
The first 10 criminal migrants who arrived this week will be in line with Us immigration and customs implementation (Ice) Control in a separate wing of a detention facility, which houses 15 remaining military fighters 11. September, including Khalid Sheikh Mohammed, the main architect of the terrorist attack on the 11th of September.
In this photo reviewed by US military officials, the control tower of the Camp VI detention facility. He was seen on April 17, 2019. At Naval Bay of Guantanamo Bay, Cuba. (AP Photo/Alex Brandon, File)
The arrival of illegal immigrants in Guantano will almost certainly result in legal challenges, John Blinger III, an assistant senior colleague for international and national security in the Council for Foreign Relations, wrote.
“Unauthorized immigrants transferred (or threatened with potential transmission) from the United States to Guantánamo will bear a huge range of legal challenges, providing a lot of work for the courts,” he wrote in the article published on Tuesday. “Haitian and Cuban refugees have been held earlier on Guantánamo– Like many suspicious terrorism – there are numerous lawsuits that challenge custody and conditions, several of which were eventually heard by the Supreme Court. “
Hegsetth said the administration knows that there will be legal challenges, but that the border insurance requires bold measures.
“You have a solidified facility for a moment de Aragua, the types of violent gang members who need this type of lock. And then you have on the other side of the island of the Navy Gvantanamo Navy Station, a place built for migrants, for them that will be calmly drawn from the United States,” he said, “he said,” he said, “he said,” is. “We know there will be legal challenges.”
Defense Minister Peta Hegsetth, right, president of the Pats of Common Heads of Headquarters, General Charles Q. Brown Jr., on his shoulder while answering journalists after he arrived at Pentagon on Monday. (AP Photo/Kevin Wolf)
“Here’s what we know. What President Trump knows is that the security of the border and internal implementation is national security. Since we have been attacked for Joe Biden in the last four years,” Hegsetth added. “Tens of millions of people have entered our country. We have no idea who they are. We will find here illegally, priority to those with a violent or ticklish past and use the Guantana Bay as a transit way to remove them and send back to their home country.”
Bellinger noted that all previous cases detained in Guantanam would include people detained outside the US -arrested in the USA -in the US, he said.
“Unauthorized immigrants detained in the United States also have the right to consult and visit them to a consular official from their citizenship country,” he said. “Such immigrants can claim that their transfer to Guantanamo will interfere with their ability to exercise these rights.”
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2008 orienter Now the Supreme Court The decision has made anyone sent to Ghythm the right to Habeas Corpus, which means that everyone in Guantanama can dispute the legality of their custody. The verdict was played by a factor that slowed down the government’s ability to end the prosecution of Mohammed and other planners on September 11.
“This is not a convenient place,” Fidell said. “It’s not a place that isolates government activities from the supervision of federal courts.”
Fidell noted that the previous administrations resisted the efforts that the Federal Court supervised Guantanamo, resulting in a series of court cases, especially the Supreme Court of the United States against Davis, noting that these cases dealing with indefinite detention of illegal immigrants would be could report.
“What you will see is the intersection of the Habeas Corpus Act in general with a very robust body of rights that have grown over the years in the immigration field,” he said. “And the idea that people can take place for a long time is the one I think they will encounter a lot of court resistance.”
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This picture shows migrants who board the flight to the Guantanamo Bay. (Homeland Security Department)
In the case of Zadvydas, the High Court ruled that the plenary doctrine of power would not allow the indefinite custody of the immigrants according to the order of the deportation that no other state accepted. The case stems from Kestutis Zadvydas, who was a resident stranger in the USA -ui was ordered deported 1994 for his criminal charges. Zadvydas was born to Lithuanian parents in Germany, but he was not a nationwide of any country, of which no one will accept him.
In 1995, he submitted a request for writing Habeas Corpus in the Federal Court, which was eventually approved and released under surveillance. The government complained and the verdict was canceled.
From 1991 to 1993 and from 1994 to 1996. Part of the Base in Guantanamo was used to accommodate a large number of haicans and cubes who escaped from their countries on ships and rafts at seek asylum in the US
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With legal challenges that could slow down the deportation procedure, the accommodation of these migrants can cost taxpayers of millions of dollars.
“It’s a theater dimension in that. But that’s it. This is an operetta that the seats are extremely expensive for,” Fidell said. “We know that it costs taxpayers wealth to keep Guantanamo open to a few people judged by a military commission, as well as even fewer hands of people who are simply held awaiting those who are long -term detainees.”
“The Congress will have to take some money because it will not be free for taxpayers,” he added. “I think this is a battle that will lead not to Guantanamo. It will fight in Place John Marshall in Washington, DC, where the federal court sits.”
