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    Can Trump Legally Transfer Migrants to Guantánamo Bay? Here’s What to Know

    Lawsuits are challenging President Trump’s abrupt decision to send men awaiting deportation to the American military base in Cuba.The Trump administration has started sending migrants from the United States to the American military base at Guantánamo Bay, Cuba, raising a series of legal questions over the government’s authority to do so and the basic rights of detainees.More than 150 Venezuelans, so far, are believed to have been taken there. Already at least three lawsuits have been filed related to aspects of the policy, and rights groups are expected to mount a broader challenge. Here is a closer look at some of the major legal issues.Can migrants lawfully be transferred there?It is unclear whether the government has legal authority to transfer migrants from the United States to Guantánamo, which is an odd and ambiguous place for legal purposes.The base sits on Cuba’s sovereign territory, but the United States has exclusive jurisdiction and control over what happens there because of a perpetual lease and the rupture in relations between the United States and Cuba’s Communist government.Normally, transfer authority comes from the Immigration and Nationality Act, which empowers the government to detain migrants who have final removal orders and are awaiting deportation.There is no dispute that Immigration and Customs Enforcement can transfer them among its different holding facilities inside the United States while they await their removal from the country. But the act defines the geographic territory of the United States as the 50 states, Puerto Rico, Guam, the Virgin Islands and the Northern Mariana Islands. It does not include Guantánamo.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Some Migrants Sent by Trump to Guantánamo Are Being Held by Military Guards

    Dozens of Venezuelan migrants sent by the Trump administration to the U.S. military base in Guantánamo Bay, Cuba, are being guarded by troops rather than civilian immigration officers, according to people familiar with the operation.While the Trump administration has portrayed the detainees as legally in the custody of Immigration and Customs Enforcement, military guards and medics are doing the work, the people said.The Trump administration has not released the migrants’ names, although at least two have been identified by their relatives through pictures released of the first flight.By not disclosing the migrants’ identities, the government has prevented their relatives from learning where they are being held and complicated lawyers’ efforts to challenge their detention.Spokespeople for the Homeland Security and Defense Departments have been unwilling or unable to answer detailed questions about what is happening to the migrants at the base.But The New York Times has obtained the names of 53 men who are being held in Camp 6, a prison building where until recently the military held Al Qaeda suspects. The Times has published the list.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Here Are the Names of 53 Migrants Taken to Guantánamo Bay

    The Times has obtained a list of the names of the men, whom the U.S. government has described as Venezuelan citizens under final deportation orders.The New York Times has obtained a list of 53 men whom the Homeland Security Department has sent from an immigration detention site in Texas to a prison building at the military base at Guantánamo Bay, Cuba.The U.S. government has not released the men’s names but has described them as Venezuelan citizens under final deportation orders. By not disclosing the migrants’ identities, the government has prevented their relatives from learning where they are being held and complicated efforts by lawyers who want to challenge their detention.The Times is publishing the list. But we have not independently assessed the Trump administration’s characterization of the 53 men being housed in the prison, called Camp 6, as “high-threat illegal aliens” or violent gang members.The Times has found listings for 50 of the men in the U.S. immigration service’s Detainee Locator, which allows the public to search for people by name.Until recently, the men had been listed as being held by Immigration and Customs Enforcement in El Paso. U.S. cargo planes began moving migrants to Guantánamo, and the agency switched their locations to “Florida.” Detainee operations at Guantánamo Bay are overseen by the U.S. Southern Command, which is near Miami, and the overall base is supervised by Navy headquarters in Jacksonville, Fla.As of Wednesday, the military had brought about 100 migrants to Guantánamo. The people who are not named on the list were being held in a separate facility.Two of the names subsequently showed up in a lawsuit, which was filed on Wednesday in part by their relatives, seeking legal access to the detainees. The relatives said they recognized the men in pictures from a transfer operation that the government had made public.Three of the names, marked with asterisks, did not appear to be in the locator system, which requires exact spellings.Here is the list:Acosta Carreno, Yonniel DanielAlviares Armas, Jhonatan AlejandroAzocar-Moreno, AlexandroBastidas Paz, JhoanBellorin-Cardiel, Javier AlejandroBermudez Gamez, JoseBriceno-Rojas, Adrian JoseCardozo Oliveros, CarlosCastillo Rivera, Luis AlbertoCeballos-Jemenez, Kleiber EduardoChirino Torres, JonathanChirinos Rodriguez, Edixon LeonelDuarte-Marin, AllinzonDuran-Arape, MayfreedEscalona Hernandez, Jefferson *Esteira Medina, Misael JoseGomez Lugo, Tilso RamonGuerrero Mejias, Bryan SleydherGuevara-Varguillas, Sergio GabrielGuilarte, Oswal YonaikerLiendo-Liendo, Endry JoseLindado Mazo, Ricardo JoseMarquez Sanchez, Jesus DavidMedina Andrade, Jose GregarioMendez Canas, Freddy JavierMendez Ramos, Jesus EnriqueMontes Fernandez, FranyerMundaray-Salazar, Argelis JoseOrelanna, Deiby Jose *Oviedo-Hurtado, Brayan AlbertoPalma-Osorio, Carlos DavidParedes Salazar, Jose AlejandroPrado Pirona, JesusPurroy Roldan, Yoiner JoseQuintero Quintero, YohandersonRios Salas, Luis AlbertoRivas-Rivas, Lorwis JoseRivero Pinero, BrayanRodriguez Diaz, KevinRodriguez Fermin, RafaelRojas Pena, JuniorSanchez Vasquez, JuniorSandovalascanio, Anthony YosmarSantana-Jara, AndresSimancas Rodriguez, JoseSulbaran D’Avila, Erick JohanTiberio-Pacheco, JulioUvieda Machado, AlexisUzcategui Uzcaegui, Diuvar *Velazquez-Penaloza, Julio JoseVillasana Villegas, Douglas JesusWullians Oropeza, DaimerYanes-Gonzalez, Ali Jose More

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    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.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    A Tent City Is Rising at Guantánamo Bay

    On Friday a military cargo plane transported deportees from El Paso, Texas, to Guantánamo Bay, Cuba. They are among the latest arrivals in the Trump administration’s week-old migrant relocation operation.Kristi Noem, the secretary of homeland security, is the first senior member of the Trump administration to visit the migrant mission on the base.So far, none of the first arrivals have been taken to an emerging tent city that has been set up for migrants. Instead, they have been housed in the military prison.A Tent City Is Rising at Guantánamo BayThe Trump administration has moved more than 30 people described as Venezuelan gang members to the U.S. Navy base at Guantánamo Bay, as U.S. forces and homeland security staff prepare a tent city for potentially thousands of migrants.About a dozen of the men were brought in from El Paso, Texas, on Friday, as Kristi Noem, the secretary of homeland security, arrived at Guantánamo. She is the first senior member of the Trump administration to visit the migrant mission on the base in southeastern Cuba.Ms. Noem was taken to the rooftop of the base’s aircraft hangar and observed as U.S. security forces led the deportees down the ramp of a C-130 military cargo plane to an awaiting minibus. Maj. Gen. Philip J. Ryan, the army commander overseeing the migrant mission, stood beside her in combat uniform, and a Chinook transport chopper could be seen in the distance.“Vicious gang members will no longer have safe haven in our country,” Ms. Noem said on social media, calling the men “criminal aliens.”Ms. Noem and a soldier watch from a distance as U.S. security forces take migrants off a cargo plane at Guantánamo Bay on Friday. An ICE policeman in civilian attire stands beside one recent arrival while other security personnel staff the arrival of the cargo plane, which came from El Paso, Texas.

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    Sept. 11 Plea Deal Includes Lifetime Gag Order on C.I.A. Torture Secrets

    The clause is included in a disputed plea agreement between a Pentagon official and the man accused of planning the attacks that killed 3,000 people.Khalid Shaikh Mohammed, the prisoner at the military prison in Guantánamo Bay, Cuba, who is accused of plotting the Sept. 11 attacks, has agreed to never disclose secret aspects of his torture by the C.I.A. if he is allowed to plead guilty rather than face a death-penalty trial.The clause was included in the latest portions of his deal to be unsealed at a federal appeals court in Washington. A three-judge panel is considering whether former Defense Secretary Lloyd J. Austin III lawfully withdrew from a plea agreement with Mr. Mohammed in the capital case against five men who are accused of conspiring in the attacks that killed nearly 3,000.The C.I.A. has never taken a public position on whether it supports the deal, and the agency declined to comment on Friday. But the latest disclosure makes clear that Mr. Mohammed would not be allowed to publicly identify people, places and other details from his time in the agency’s secret prisons overseas from 2003 to 2006.It has been publicly known for years that Mr. Mohammed was waterboarded 183 times by the C.I.A. It has also been revealed that waterboarding was done by a three-person interrogation team led by Bruce Jessen and James E. Mitchell, two former contract psychologists for the agency. Details of Mr. Mohammed’s violent treatment, including rectal abuse, have emerged in court filings and leaks.But the agency has protected the names of other people who worked in the “black site” prisons, notably medical staff, guards and other intelligence agency employees. That includes the people who questioned Mr. Mohammed hundreds of times as he was shuttled between prisons in Afghanistan, Poland and other locations, which the C.I.A. has not acknowledged as former black sites.Now, a recently unredacted paragraph in Mr. Mohammed’s 20-page settlement says he agreed not to disclose “any form, in any manner, or by any means” information about his “capture, detention, confinement of himself or others” while in U.S. custody.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Military Judge Postpones Guilty Plea Proceedings in Sept. 11 Case

    The judge asked defense and prosecution lawyers to settle on a date for the accused mastermind of the terrorist attacks to plead guilty.A military judge on Sunday postponed a hearing to receive the guilty plea of Khalid Shaikh Mohammed, who is accused of masterminding the Sept. 11 attacks, so that prosecutors can seek again to nullify the plea deal.Col. Matthew N. McCall, the judge, did not freeze preparations for the hearing, as prosecutors had requested. Instead, he told defense and prosecution lawyers to agree on a week or more next month or in early January to hold plea hearings at Guantánamo Bay, Cuba, for Mr. Mohammed and his co-defendants, Walid bin Attash and Mustafa al-Hawsawi.The judge said it was “not reasonable to indefinitely delay” the entry of pleas in the case. He also told the sides to continue to collaborate on providing answers to questions related to clauses in the plea agreements. All three plea deals were reached July 31 and ostensibly withdrawn by Defense Secretary Lloyd J. Austin III two days later. On Wednesday, however, the judge ruled that Mr. Austin had acted too late and that the pleas were still valid, lawful contracts.Colonel McCall made no mention of the fact that his next scheduled hearing, from Jan. 20 to Jan. 31, straddled the inauguration of President-elect Donald J. Trump — and most likely Mr. Austin’s departure from the Pentagon.But a defense lawyer noted that the official who had approved the deal — an Austin appointee — was likely to leave the Pentagon at the end of the Biden administration and could potentially become unavailable for questions related to aspects of the plea deals.In a rare Sunday hearing, Clayton G. Trivett Jr., the lead prosecutor, told the judge that the chief prosecutor for military commissions, Rear Adm. Aaron C. Rugh, had instructed his staff on Friday night to prepare an appeal of the judge’s decision reinstating the guilty pleas. Mr. Trivett asked the judge to halt all plea-related proceedings.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Qaeda Commander at Guantánamo Bay Is Sentenced for War Crimes

    A U.S. military jury decided on a 30-year prison term. But under a plea deal, the prisoner’s sentence will end in 2032.A U.S. military jury on Thursday ordered a former Qaeda commander to a serve a 30-year prison sentence for war crimes carried out by his insurgent forces in wartime Afghanistan in the early 2000s. The military judge excused the panel from the chamber and then announced that, under a plea agreement, the prisoner’s sentence would end in eight years.The outcome was part of the arcane system called military commissions, which allows prisoners to reach plea deals with a senior official at the Pentagon who oversees the war court but requires the formality of a jury sentencing hearing anyway.In handing down the maximum sentence, the jury of 11 officers rejected arguments by defense lawyers for Abd al-Hadi al-Iraqi that he deserved leniency, if not clemency, for his early humiliations in C.I.A. custody, subsequent cooperation with U.S. investigators and failing health.Mr. Hadi, 63, was aware of the deal that reduced his sentence to 10 years, starting with his guilty plea in June 2022. It was unclear whether victims of attacks by Mr. Hadi’s forces and their family members had been told. None of the five people who testified last week about their loss commented as they streamed out of the spectators’ gallery on Thursday morning following an at-times emotional two-week sentencing trial.The prisoner also did not appear to react when the jury foreman, a Marine colonel, announced the harshest of possible sentences. Mr. Hadi, who is disabled by a paralyzing spine disease and a series of surgeries at Guantánamo, sat in court in a padded therapeutic chair, listening through a headset providing Arabic translation.His case was an unusual one at the court, which was created to prosecute terrorism cases as war crimes after the attacks of Sept. 11, 2001. While prosecutors cast Mr. Hadi as a member of the Qaeda inner circle before those attacks, there was no suggestion in his plea agreement that he knew about the plot beforehand.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More