Challenging Trump’s Guantánamo

On January 11, 2018, the Guantánamo Bay prison turned 16. The prison has now spanned three administrations and five presidential terms. Forty-one men remain detained at Guantánamo. All but one has been imprisoned for more than a decade, and the overwhelming majority of prisoners have not been charged with any crime.

Donald Trump has already demonstrated his hostility towards Muslims and his impetuous policy-making in the name of national security with initiatives like the Muslim Ban. Trump has said he will not release any prisoners, and boasts that he will transfer new terror suspects to the island prison. Unlike previous administrations, which purported to base detentions on individualized determinations about national security, this is yet another example of a policy position based on little more than executive hubris and open animus.

On January 11, CCR and co-counsel filed the first major challenge to Trump’s Guantánamo policies, in federal court in Washington, DC. This collective filing is on behalf of eleven prisoners who are detained without charge, all for more than a decade. In this court filing, we argue that the petitioners’ perpetual detentions violate the Constitution and the Authorization for Use of Military Force (AUMF), and ask the court to intervene on behalf of the men who have been deemed “forever prisoners.” The motion is currently pending.

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Last modified 

March 13, 2018