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Trump Administration Expands Migrant Detention Criteria for Guantanamo Bay

New guidelines allow non-criminal migrants to be detained at Guantanamo Bay under broad associations with criminal networks, marking a significant policy shift.

Overview

  • A March 7 memo signed by DHS and Pentagon officials broadens detention criteria to include migrants with tenuous ties to transnational criminal organizations or unclear entry statuses.
  • The updated policy contradicts President Trump's January 2025 statement that only high-priority criminal aliens would be targeted for detention.
  • The memo permits sending asylum-seekers or migrants who paid smugglers for entry to Guantanamo Bay, regardless of their visa status or criminal record.
  • Critics highlight the omission of a criminality assessment in the guidelines, raising concerns over due process and potential human rights violations.
  • Guantanamo Bay, historically associated with counterterrorism detention, is being repurposed as part of the administration’s aggressive immigration enforcement strategy.

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