U.S. Can Hold Migrants at Any Overseas Base, DOJ Asserts
In a stunning courtroom declaration that has reignited national debate over immigration enforcement, a senior Justice Department lawyer claimed the Trump administration has the legal authority to detain migrants at any U.S. military base overseas—not just Guantánamo Bay. The statement came during a federal hearing in Washington, D.C., as part of an ongoing legal battle over the use of the Cuban base to house individuals slated for deportation .
What Was Said in Court?
During a hearing before U.S. District Judge Sparkle L. Sooknanan, August E. Flentje—a top attorney in the Justice Department—was asked whether Homeland Security Secretary Kristi Noem could legally send immigration detainees to any U.S. military installation abroad. His response was blunt: “I don’t see why not” .
The remark stunned legal observers and immigrant advocates alike, suggesting a sweeping interpretation of executive power that could extend detention operations to bases in Germany, Japan, Djibouti, or beyond.
Guantánamo Bay: From Terror Suspects to Immigration Detainees
Since February 2025, Immigration and Customs Enforcement (ICE) has held approximately 710 migrants at Guantánamo Bay—a facility long associated with post-9/11 counterterrorism detention. The American Civil Liberties Union (ACLU) has challenged the practice, arguing it violates both U.S. law and international human rights norms.
According to the ACLU, the administration is using Guantánamo not just for logistical convenience, but as a “deterrence tool” designed to “frighten immigrants, induce self-deportation, and coerce detainees into abandoning legal claims” .
Legal and Humanitarian Concerns
Lee Gelernt, lead attorney for the ACLU, emphasized that past use of Guantánamo for migrants in the 1990s involved people intercepted at sea who had never set foot on U.S. soil—and who could voluntarily return home. Today’s detainees, by contrast, are often long-term U.S. residents with pending asylum or removal cases.
“Congress never authorized the government to warehouse migrants on foreign soil to circumvent their rights,” Gelernt told the court .
Recent Developments and Weather Disruptions
As of Thursday, October 23, 2025, no migrants were being held at Guantánamo due to Tropical Storm Melissa’s projected path toward Cuba. The government had just deported 18 individuals to Guatemala and El Salvador days earlier. The Justice Department briefly argued the case should be dismissed due to the empty facility—but Judge Sooknanan appeared unmoved .
Key Facts: U.S. Overseas Migrant Detention Policy
| Policy Claim | Homeland Security can detain migrants at any U.S. overseas base |
|---|---|
| Current Facility Used | Guantánamo Bay, Cuba |
| Total Detainees Since Feb 2025 | Approx. 710 |
| Other Bases Used | Djibouti (8 migrants held in summer 2025) |
| Legal Challenge | ACLU class-action lawsuit alleging unlawful detention |
| Government Justification | Extension of 1990s-era migrant processing policy |
What’s at Stake?
If the court grants class-action status—as the ACLU requests—it could halt the overseas detention model entirely and force the government to process all immigration cases on U.S. soil, where detainees have clearer legal protections. The judge’s ruling is expected in the coming weeks.
