On Wednesday, February 12, the American Civil Liberties Union (ACLU) filed a lawsuit seeking access for migrants flown to a U.S. naval base in Guantanamo Bay, Cuba, asserting they were being denied the right to an attorney. The ACLU lodged the complaint on behalf of families of detainees, who are unable to sue as they are detained without communication with the outside world. The lawsuit aims to secure immediate phone and video access, as well as in-person visitation rights for the detainees.
Following a broad immigration crackdown, including the transfer of migrants to Guantanamo Bay, known for housing a high-security U.S. prison for suspected foreign terrorists, the ACLU, and other civil and immigrant rights groups had previously urged top Trump officials to allow communication with the detainees.
ACLU attorney Lee Gelernt, lead counsel on the case, emphasized, "Shipping immigrants off to Guantanamo without access to lawyers or the outside world cannot be reconciled with our country’s laws or principles." He stressed the importance of upholding the rule of law through legal proceedings.
The lawsuit highlights the situation of three Venezuelan men believed to be detained at Guantanamo. One plaintiff, Angela Carolina Sequera, expressed distress over the inability to communicate with her son since his transfer, underscoring the urgent need for legal representation.
Additionally, the plaintiffs include four nonprofit legal service providers unable to offer assistance to migrants relocated to the naval base. The Trump administration mentioned alleged ties to the Venezuelan gang Tren de Aragua among the detainees sent to Guantanamo Bay.
Amid conflicting accounts about detainee access to legal counsel, Department of Homeland Security spokesperson Tricia McLaughlin stated that detainees have phone access to lawyers at the Guantanamo detention site. Furthermore, in response to ACLU concerns, Homeland Security Secretary Kristi Noem indicated that some detainees allegedly faced serious criminal charges.
President Trump had announced plans in late January to utilize the Guantanamo base for detaining up to 30,000 migrants as part of his immigration enforcement strategy. The ACLU lawsuit raised concerns about the unprecedented transfer of civil immigration detainees to Guantanamo, emphasizing the lack of transparency regarding legal justification for the action.