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“The continued use of Guantánamo Bay, which has an extensive history of abuse and torture, is horrific and unconscionable."
Dozens of human rights organizations sent a letter to Congress on Friday, decrying threats by US military officials to detain Cubans who flee to the US to escape President Donald Trump's crushing economic blockade at Guantánamo Bay.
The 86 groups, which include the Center for Constitutional Rights, the Center for Victims of Torture, the International Refugee Assistance Project, and Refugees International, zeroed in on remarks made by US Marine Corps Gen. Francis Donovan, the commander of the US Southern Command (SOUTHCOM), during a Senate Armed Services Committee hearing last month about how the military would respond to the mass influx of Cuban refugees to the United States.
The risks of a refugee exodus from Cuba were sparked in January after Trump tightened the already brutal regime of economic sanctions by threatening to slap harsh tariffs on any nation that provided oil to Cuba. The result has been a crippling fuel shortage that has caused routine blackouts and disrupted every facet of daily life, from hospital care to food cultivation.
Trump enacted the fuel blockade in what he has described as an effort to coerce the government to step down from power and make way for one more amenable to the interests of American companies. With Cuba in a weakened state, he has threatened to "take" the island outright using American military force.
The United Nations has warned that if the blockade is prolonged, it could bring about a total "humanitarian collapse.”
Asked by Sen. Tom Cotton (R-Ark.) about what would be done if this caused a mass influx of Cuban refugees to the US, Donovan said they had an executive order that would involve coordinating with the Department of Homeland Security to handle a "mass migration event."
Donovan said it would include using the US military base at Guantánamo Bay, “where we would set up a camp to deal with those migrants or any overflow from any situation in Cuba itself.”
“Given the well-documented history of abusive and unlawful detention at Guantánamo, any proposal to use the base for additional detention is deeply troubling and unacceptable," the organizations wrote on Friday,
They note the prison’s history as a site used for extrajudicial torture during the global War on Terror and as a holding facility for other migrant groups, including Haitian refugees and asylum seekers who fled a military coup in the 1990s, many of whom were subjected to substandard living conditions.
"Time and again, we have seen the US government try to use Guantánamo as a legal black hole to mistreat migrants, subjecting them to inhumane conditions and interfering with both their right to seek protection in the United States and their right to counsel," said Pedro Sepulveda, a litigation fellow for the International Refugee Assistance Project.
Despite pledges from multiple presidents to close the camp for good, it remains open more than two decades after former President George W. Bush began using it to detain hundreds of terrorism suspects without trial.
Trump has expanded its use during his second term, using it to temporarily hold more than 700 migrants since February 2025—including dozens of Cubans rounded up by immigration agents.
Trump’s use of the camp marks the first time it has been used to hold people detained in the continental United States. A Washington Post investigation from February found that those in the facility were subject to weeks-long periods of isolation, invasive strip searches, and denied contact with lawyers.
The human rights groups called on Congress to block any funding that could be used to detain Cubans fleeing Trump's blockade and to shut down Guantánamo Bay for good.
"The president has held Guantánamo detention as a threat over the heads of migrants in the United States and now threatens the same over Cubans who may be forced to flee their homes as a result of his own actions," said Yumna Rizvi, a senior policy analyst for the Center for Victims of Torture.
Michael Galant, the senior research and outreach associate at the Center for Economic and Policy Research, said, “If the Trump administration is worried about Cuban migration, the solution is simple: Stop intentionally impoverishing the Cuban people through an embargo and fuel blockade.”
One foreign policy expert noted that fears of a "mass exodus" of refugees come "as the US starves Cuba of energy and food."
As the Trump administration sows chaos with a crushing fuel blockade of Cuba, a general told Congress that the military will "set up a camp" at Guantánamo Bay to detain those who try to flee the humanitarian crisis inflicted by the United States.
The phrase "humanitarian crisis" was used by Sen. Tom Cotton (R-Ark.) to describe the situation in Cuba during a Senate Armed Services Committee hearing on Thursday, as he questioned US Marine Corps Gen. Francis Donovan, the commander of the US Southern Command (SOUTHCOM).
Donovan, a 37-year Marine veteran, took command of SOUTHCOM in February after being tapped by President Donald Trump. His predecessor, Adm. Alvin Holsey, abruptly resigned in December reportedly after he'd raised concerns about the Trump administration's bombings of alleged drug trafficking boats in the Caribbean, which have been widely described as illegal under international law.
On Thursday, Cotton asked Donovan, "Are we prepared for any kind of humanitarian crisis in Cuba—the possible flow of refugees, other civil disorder that may threaten our interests, especially if the decrepit, corrupt Castro regime finally falls or flees?"
"Senator, yes we are," Donovan responded. "SOUTHCOM... We have an [executive] order to be prepared to support [the Department of Homeland Security] (DHS) in a mass migration event. They would take the lead, we would follow."
Donovan said this would include using the US military base at Guantánamo Bay, "where we would set up a camp to deal with those migrants or any overflow from any situation in Cuba itself."
Trump signed an executive order during his first month in office last year directing DHS and the Pentagon to “expand the Migrant Operations Center at Naval Station Guantánamo Bay to full capacity," which the administration said meant scaling the facility up to more than 30,000 beds.
The base, which houses a prison infamous for the extrajudicial torture of detainees during the global War on Terror, was designated under Trump's order to hold "high‑priority criminal aliens unlawfully present in the United States.”
But Donovan suggested it may now be used to hold Cubans fleeing chaos and deprivation following Trump's own acts of economic warfare.
Cotton's question followed a warning that same day from Republican Florida Gov. Ron DeSantis of a "possible mass exodus out of Cuba," which experienced an island-wide electricity blackout earlier this week following the Trump administration's blockade of fuel entering the island, which a group of UN rapporteurs said in January was “a serious violation of international law and a grave threat to a democratic and equitable international order.”
DeSantis, whose state is home to about 1.6 million Cuban-Americans, said, "[W]e don’t want to see a massive armada of people showing up on the shores of the Florida Keys."
He said he believed the Trump administration "would rather see people in Florida go help… hopefully get a new government going" in Cuba, possibly referring to the long-held hope of some right-wing Cuban exiles to take over the island.
Following more than 60 years of an embargo that has strangled Cuba's economic development, the Trump administration tightened the noose even more in January, signing an executive order that would slap harsh tariffs on any country that provides oil to Cuba.
As a result of the blockade, explained Juanita Goebertus, Americas director at Human Rights Watch, "people don’t have reliable access to drinking water, hospitals can’t operate safely, basic goods are becoming increasingly difficult to obtain, and garbage is piling up in the streets.”
Trump first described his blockade as part of an effort to carry out regime change against Cuba's Communist Party leadership, but this week, he made the imperialist declaration that he may seek to outright "take" the island and that he could "do anything I want" with the "weakened nation."
Erik Sperling, the executive director of Just Foreign Policy, emphasized that the possible "mass migration event" described by Donovan was only coming "as the US starves Cuba of energy and food."
"Trump and [Secretary of State Marco] Rubio are to blame for any refugee crisis from Cuba, as the US intentionally harms civilians with an oil blockade," said Just Foreign Policy in a social media post responding to Republican warnings of Cuban mass migration. "US sanctions and meddling in Latin America have always been a leading cause of migrant flows."
Immigration journalist Arturo Dominguez explained that "What [Donovan] essentially said was, 'We're ready to accommodate the flow of refugees by putting them in camps.'" He added that "the way these military goons jump right in to 'accommodate' atrocity is beyond the pale."
Trump's blockade of Cuba is unpopular with the American public, according to a YouGov poll released earlier this week. Just 28% of adult US citizens said they approved of the US blocking oil shipments to the country, while 46% said they opposed it. The same survey found that just 13% want the US to use military force to attack Cuba, while 61% would oppose it.
Just Foreign Policy said, "The American people do not want their government to starve Cubans and cause a 'mass migration event.'"
"This decision will ensure nothing but a continued lack of justice and accountability for everyone involved in the 9/11 military trial at Guantánamo," said one critic.
Human rights defenders on Friday condemned a federal appellate panel's decision upholding former U.S. Defense Secretary Lloyd Austin's withdrawal of pretrial plea agreements for three men accused of plotting the September 11, 2001 attacks on the United States.
Austin, who served under former President Joe Biden, "indisputably had legal authority to withdraw from the agreements; the plain and unambiguous text of the pretrial agreements shows that no performance of promises had begun," the D.C. Court of Appeals panel ruled in a 2-1 decision.
Under the proposed deal, accused 9/11 mastermind Khalid Sheikh Mohammed and alleged co-conspirators Mustafa al-Hawsawi and Walid bin Attash would have been spared execution in return for pleading guilty. The agreement came amid years of stalled legal proceedings in a case complicated by the U.S. government's torture of the defendants and efforts to cover it up.
Austin withdrew the plea agreements last August, explaining that he "long believed that the families of the victims, our service members, and the American public deserves the opportunity to see military commission trials carried out in this case."
However, attorneys for the defendants called the legally dubious military commission regime established at the Guantánamo Bay prison—notorious for detainee torture and indefinite detention—during the George W. Bush administration "obviously corrupt and rigged." During the 2000s, several military prosecutors resigned from the commissions in protest over what some of them called a rigged system designed to ensure there were no acquittals.
"The 9/11 case will never be resolved through a contested trial because the defendants were tortured by the CIA."
Last November, Air Force Col. Matthew McCall, a military judge, ruled that Lloyd "did not have the authority to do what he did, asserting that the plea deals "remain valid, and are enforceable," prompting the government's appeal. The following month, a military appeals court also ruled against Austin's bid to ditch the plea deals.
The Center for Constitutional Rights (CCR)—which has long represented Guantánamo detainees—called Friday's decision "a betrayal of justice."
"This decision will ensure nothing but a continued lack of justice and accountability for everyone involved in the 9/11 military trial at Guantánamo," CCR senior staff attorney Wells Dixon said in a statement. "The Biden administration's invalidation of plea agreements that would have resulted in convictions and life sentences for the 9/11 defendants is a painful betrayal of 9/11 victims' families."
"The 9/11 case will never be resolved through a contested trial because the defendants were tortured by the CIA," Dixon added. "The only way to resolve this case is for the Trump administration to succeed where every prior administration has failed and negotiate new deals with the 9/11 defendants that will finally close the 'War on Terror' prison at Guantánamo."
There are still 15 men currently imprisoned in Guantánamo, which is located on Cuban land leased to the U.S. in perpetuity by a dictatorship overthrown in 1959. Multiple detainees have been cleared for release, one of them for 15 years.
Some legal experts doubted whether the U.S. government would ever be able to try, let alone convict, the 9/11 suspects. Military judges and prosecutors have cited defendants' torture in declining to proceed with cases against them. Many men and boys were tortured at CIA "black sites," Guantánamo, and military prisons including Abu Ghraib. At least dozens of detainees died.
The three co-defendants were all captured in Pakistan during late 2002 and early 2003. After being turned over the United States, they were sent to CIA black sites, including the notorious "Salt Pit" outside Kabul, Afghanistan, where suspected militant Gul Rahman was tortured to death in November 2002. In 2006, the men were transferred to Guantánamo.
Mohammed was subjected to interrupted drowning, commonly called "waterboarding," 183 times, as well as other torture and abuse approved under the Bush administration's "enhanced interrogation" program. Hawsawi suffered a shredded rectum resulting from sodomization during so-called "rectal hydration" and has had to manually reinsert parts of his anal cavity to defecate. Bin Attash said he was placed in stress positions for extended periods, beaten, and doused in cold water.
The co-defendants must now decide whether to appeal the ruling to the full D.C. appeals court, the U.S. Supreme Court, or both.
"Putting aside the fantasy that this case is ever going to go to trial—assuming it does go to trial and that there's a conviction—you get to sentencing, and they have a right to put forward evidence... that they were tortured," Dixon told CNN Friday. "That's never going to happen."