Guantanamo Bay Now Holds Immigration Detainees

The Trump administration has unleashed ICE to detain virtually anyone arrested for immigration violations—including asylum seekers and parolees with legal protections—stripping away bond access and due process in a sweeping crackdown that threatens constitutional rights and leaves families torn apart.

Story Overview

Executive orders signed in January 2025 mandate detention of all immigration violators without discretionary release, ending humanitarian parole programs for Cubans, Haitians, Nicaraguans, and Venezuelans
ICE now detains asylum seekers and parolees nationwide using expedited removal powers, bypassing traditional bond hearings and court reviews
Detention facilities surge to record capacity utilizing military bases, prisons, and even Guantanamo Bay, with deportations to third-country facilities like El Salvador’s CECOT prison
The Supreme Court intervened in April 2025 after an improperly deported Salvadoran with U.S. citizen family members was sent abroad despite having legal withholding protections

Executive Orders Eliminate Discretionary Release and Expand Detention Authority

President Trump signed executive orders on January 20, 2025, titled “Protecting the American People Against Invasion” and “Securing Our Borders,” fundamentally transforming immigration enforcement. These directives mandate that DHS and ICE detain all individuals arrested for immigration violations without release, eliminating discretionary bond determinations that previously allowed case-by-case evaluation. The orders invoke “invasion” rhetoric under the Alien Enemies Act, enabling rapid deportations while expanding expedited removal powers to apply anywhere in the United States for noncitizens unable to prove two years of continuous presence. This sweeping authority targets not just illegal border crossers but asylum seekers with pending claims and individuals previously granted humanitarian parole.

Humanitarian Parole Programs Terminated, Leaving Legal Entrants Vulnerable

The administration terminated humanitarian parole programs that provided legal entry pathways for Cubans, Haitians, Nicaraguans, and Venezuelans—individuals who entered the country legally under previous policies. These parolees now face detention and deportation despite having followed lawful procedures to enter the United States. The termination of these programs affects hundreds of thousands who were granted temporary legal status based on humanitarian grounds. Human Rights First warns that the ambiguous language in executive orders creates risks for trafficking victims, unaccompanied minors, and those with withholding of removal protections—legal safeguards designed to prevent return to dangerous conditions. This represents a fundamental shift from treating asylum and parole as legitimate legal processes to criminalizing nearly all noncitizen presence.

Detention Infrastructure Expands to Military Bases and Foreign Prisons

ICE detention numbers have surged to record highs as the administration co-opts jails, prisons, military bases, and even Guantanamo Bay for immigrant confinement. Congressional funding of $170 billion enables detention expansion, with facilities operating beyond traditional ICE centers. The administration has implemented third-country transfers, sending deportees to El Salvador’s notorious CECOT prison under expedited processes that bypass immigration court hearings. This approach creates legal “black holes” where individuals lose access to U.S. courts and constitutional protections. The Vera Institute describes this as “weaponizing” the immigration system, prioritizing mass incarceration over due process. Families face separation, and conditions in overcrowded facilities pose health risks, with reports of U.S. citizens mistakenly detained in the chaos.

Courts Push Back as Due Process Erodes

The Supreme Court intervened in April 2025, ordering the return of a Salvadoran deportee who had U.S. citizen family members and a legal withholding order—protections that should have prevented deportation. This case exposed systemic failures in the rapid deportation process where legal safeguards are ignored. Advocacy groups including the ACLU and American Immigration Council have filed numerous lawsuits challenging the constitutionality of mass detention without bond hearings. The administration’s assault on due process undermines fundamental rights, as individuals are detained indefinitely without ability to argue their cases before judges. Sanctuary jurisdictions face federal lawsuits and funding cuts for refusing cooperation, creating a standoff between federal enforcement priorities and local constitutional protections. This erosion of judicial review sets dangerous precedents for government overreach beyond immigration enforcement.

"Trump administration gives ICE broader powers to detain legal refugees" – CBS News #SmartNews https://t.co/Y3gLqqKI1G

— Software Developer (@dmkavanagh) February 19, 2026

Constitutional Rights Under Siege in Name of Border Security

The administration justifies these measures as necessary border security against an “invasion,” but the reality reveals government power run amok. Stripping bond access, eliminating judicial review, and detaining individuals with legal protections violates due process guarantees enshrined in the Constitution. While border security remains a legitimate government function, the tactics deployed here—military detention facilities, third-country deportations bypassing courts, and mass incarceration without hearings—represent authoritarian overreach that should alarm anyone concerned about limited government and individual liberty. The American Immigration Council warns this approach attacks democratic principles, transforming immigration enforcement into a tool for unchecked executive power. When government can detain legal entrants indefinitely without court access, no constitutional protection remains secure.