Trump management plan for detention Some of the most dangerous Illegal immigrants Experts say that his arrest in the United States in the Gulf of Guantanamo, Cuba can raise legal concerns and challenges, which may slow down efforts to deport them to their countries of origin.
President Donald Trump has instructed the Pentagon to prepare the facility to accommodate up to 30,000 “criminal foreigners” in the American military base. Trips began to the facility this week.
There are about 150 marine infantry at the marine station and created tents for about 1,000 immigrants in the other part of the installation. But those toilets and bathing facilities are not yet ready to attack 30,000 immigrants, as Trump promised Defense Secretary Higseth House.
Among the uncertainty in the plan, what is inevitable is that those detainees are likely to make sits to obtain an ideal body, which is required to review the legitimacy of the prisoner's detention. Law College Yale Who studies a course on military law and the Guantanamo Gulf.
“Nothing has changed in terms of this basic guideline, which means that the matter of appearing before the appearance, which is protected by the United States' constitution in many words, applies there.” “What does this mean is that the people who are transferred to Guantanamo as part of the current effort of the administration will get the American District Court.”
The first 10 criminal immigrants will arrive this week The enforcement of American migration and customs (ICE) Control in a separate wing of the detention facility where the 15 September military fighters, including Khaled Sheikh Muhammad, the main architect of the terrorist attack on September 11.
Sure, the arrival of illegal immigrants to Guantanano will lead to legal challenges, John B. Bellinger III, his assistant colleague of the International and National Security Law of the Council of Foreign Relations.
He wrote in an article published on Tuesday: “The unauthorized immigrants who have been transferred (or threatened with potential transfer) from the United States to Guantanamo will present a wide range of legal challenges, providing many works to the courts.” “Hitigish and Cuban refugees in the past It is Guantanamo– Like many terrorist suspects – they filed many cases that challenge detention and circumstances, which the Supreme Court eventually listened to. “
Higseth said that the administration knows that there will be legal challenges, but securing the border requires bold measures.
“I got the solid facility for two liters de Aragua, and the types of violent gang members who need this type of lock. Then you have on the other side of the Guantanamo Naval Bay station, a place that was built for immigrants, to these and said,“ Who will be brought out safely from the United States “We know that there will be legal challenges.”
“This is what we know,” he added. “This is what President Trump knows is that border security and internal enforcement is national security. Because we have been invaded over the past four years during the era of Joe Biden,” he added. “Tens of millions of people have entered our country. We have no idea about who they are. We will find those illegally here, and give priority to those who suffer from the violent or false past and use the Gwenamo Bay as a means of crossing to remove them and send them again to their homeland.”
Bellinger indicated that all the previous cases by those detained in Guantanamo were involved in the United States, who were detained outside the United States who were able to arrest them in the United States to make additional claims.
“The unauthorized immigrants in the United States have the right to the right to legalize and visit it by a consular official from their country,” he said. “These immigrants may claim to transfer them to Guantanamo will interfere with their ability to exercise these rights.”
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In 2008, a teacher US Supreme Court The decision gave anyone sent to Gitmo the right to appear before appearance, which means that anyone in Guantanamo can challenge the legitimacy of their detention. The referee played a factor that slowed the government's ability to complete the trial of Muhammad and the other September 11.
“This is not a suitable place,” Videl said. “It is not a place that isolates government activities from overseeing federal courts.”
Fidel pointed out that previous departments have resisted efforts to make the Federal Court to exercise overseeing Guantanamo, which led to a series of court cases, especially the US Supreme Court case in the ZADVYDAS case against Davis, noting that those cases that deal with detention are not The illegal legal professionals of illegal professionals can advance.
“What you will see is an intersection of the law of appearing before the judiciary in general with the very strong law group that has emerged over the years in the field of immigration,” he said. “The idea that people can be detained for long periods of time is an idea that I think will meet a lot of resistance in the courts.”
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In the ZADVYDAS case, the Supreme Court ruled that the principle of the public authority does not allow the unlimited detention of migrants under the deportation order that no other country will accept. The case stems from Kestutis Zadvydas, who was a foreigner residing in the United States and was I ordered deportation In 1994 due to his criminal record. Zadvydas was born to the parents of Lithuanian in Germany, but he was not a citizen in any of the countries, and neither of them accepted.
In 1995, he submitted a petition for a court order in a federal court, who was finally granted and was released under supervision. The government appealed and the ruling was reversed.
From 1991 to 1993 and from 1994 to 1996, a part of the base was used in Guantanamo to house large numbers of highs and Cubans who fled their countries on boats and pests Request asylum In the United States
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In addition to the legal challenges that may slow down the deportation process, the housing of these immigrants may cost millions of dollars.
“There is a theatrical dimension for this. But that is. This is the opera that is very expensive,” Videl said. “We know that the taxpayers cost a fortune to keep Guantanamo open to a handful of people who have been tried by the Military Committee, as well as a smaller handful of people who simply hold awaiting return home who are detained in the long run.”
He added: “Congress will have to suit some money because it will not be free for taxpayers.” “I think this is a battle that will not be fought in Guantanamo. It will be fought in John Marshall Place in Washington, DC, where the Federal Court is located.”