Human Rights Watch (HRW) has issued an urgent appeal to the United States government to immediately cease the transfer of immigrant detainees to the Guantánamo Bay Naval Base. The group warned that detainees are subjected to “abusive and inhumane detention conditions” that could amount to serious violations of human rights. In interviews conducted by HRW, detainees revealed they were uninformed about their destination and detained incommunicado under unsanitary conditions, without clarity on their legal status or communication opportunities with family members.
The controversial transfers follow a memorandum signed by President Donald Trump in January 2025, which expanded the Guantánamo Migrant Operations Center to accommodate up to 30,000 individuals identified as “worst criminal illegal aliens.” This move, criticized by organizations like Amnesty International due to its association with human rights violations, led to the relocation of nearly 200 Venezuelan migrants to Guantánamo Bay. According to court documents, most of these migrants were eventually deported. Further details can be found in reporting by JURIST.
Legal challenges have arisen following these transfers. The ACLU, CCR, and IRAP filed lawsuits, including Espinoza Escalona v. Noem, aimed at preventing further transfers and ensuring legal access for detainees. Amnesty International has characterized Guantánamo as symbolic of torture and indefinite detention, established in 2002 as part of the post-9/11 “war on terror.” The facility was designed to circumvent standard domestic legal protections by holding perceived ‘enemy combatants’ out of reach of US or international legal standards.
International law, particularly the 1951 Refugee Convention and its principle of non-refoulement, prohibits the return of individuals to places where their safety may be compromised. The United States’ existing frameworks, such as the Immigration and Nationality Act, provide asylum protections, but HRW argues these have been significantly undermined by extraterritorial practices at Guantánamo.
HRW calls for an immediate cessation of all current and future transfers to Guantánamo, demanding that detainees be afforded due process and access to legal counsel. The organization emphasizes adherence to international human rights norms, underscoring a need for transparency and the protection of asylum seekers.