Columbia Standard

U.S. Senate Democratic Whip Dick Durbin, alongside other Democratic leaders from the Senate Judiciary and Appropriations Committees, has issued a letter to President Trump denouncing his administration's transfer of immigrants from the United States to Guantánamo Bay as unlawful. The letter criticizes the directive given to the Secretaries of Defense and Homeland Security to prepare Guantánamo Bay for detaining tens of thousands of noncitizens.

The Senators expressed their objection, stating: “We write to object to your illegal and unjustified transfers of immigrants from the United States to the detention center at Naval Station Guantánamo Bay, which follows your directive... These actions are unprecedented, unlawful, and harmful to American national security, values, and interests."

They argue that there is no legal basis for transferring noncitizens arrested in the U.S. to an external location for detention before or during removal proceedings. They emphasized that noncitizens have rights under U.S. immigration law and the Constitution that cannot be extinguished by such transfers.

Furthermore, they refuted claims by the Department of Homeland Security (DHS) suggesting that immigrants with final orders of removal do not need access to counsel. The Senators asserted: “In addition, individuals in civil immigration detention have a right to access counsel under ICE detention standards..."

The letter also disputes the Trump Administration’s claim that only high-risk immigrants are detained at Guantánamo Bay. They noted: “While no noncitizen should be sent from the United States to Guantánamo... Public reporting indicates that noncitizens who DHS deemed low risk were sent..."

The letter concludes with a portrayal of potential consequences stemming from this decision and includes requests for information. The Senators stated: “Your efforts to house or detain noncitizens forcibly removed from the United States at...Guantánamo are cruel, unlawful, and unprecedented."

In addition to Durbin, signatories include Senators Patty Murray (D-WA), Alex Padilla (D-CA), Chris Murphy (D-CT), and Peter Welch (D-VT).

Durbin has been vocal about closing Guantánamo Bay's detention center since 2013. He led hearings on its closure in 2021 and has consistently advocated against keeping it open due to concerns over America's moral standing and financial costs.

Durbin has also sought justice for 9/11 victims by urging guilty pleas in related military commission cases. He opposed attempts by then-Defense Secretary Austin to revoke these pleas.