Court Blocks U.S. From Sending Venezuelan Migrants to Guantánamo

A federal judge barred the U.S. government on Sunday from sending three detained Venezuelan men to the Navy base at Guantánamo Bay, Cuba, according to a lawyer for the migrants.

Lawyers for the men, who are detained at an Immigration and Customs Enforcement facility in New Mexico, asked the court on Sunday evening for a temporary restraining order, opening the first legal front against the Trump administration’s new policy of sending undocumented migrants to Guantánamo.

Within an hour of the filing, which came at the start of the Super Bowl, Judge Kenneth J. Gonzales of the Federal District Court for New Mexico, convened a hearing by videoconference and verbally granted the restraining order, said Baher Azmy, the legal director of the Center for Constitutional Rights, which is helping represent the migrants.

Immigration and human rights advocates have been stymied in immediately challenging the Trump administration’s policy of sending migrants to Guantánamo, in part because the government has not released the identities of the roughly 50 men it is believed to have flown there so far.

But the three Venezuelan men were already represented by lawyers, and their court filing said they had a credible fear that they could be transferred.

According to the filing, the men are being held in the same ICE facility, the Otero County Processing Center, where previous groups of men who were flown to Guantánamo in recent days had apparently been held. The men recognized the faces of some of those detainees from government photographs provided to the news media, the filing said.