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New Lawsuit Challenges Legality of Trump’s Sending Migrants to Guantánamo

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New Lawsuit Challenges Legality of Trump’s Sending Migrants to Guantánamo

The Trump administration faced the first direct legal challenge to its policy of sending migrants to the U.S. military base at Guantánamo Bay, Cuba, for continued immigration detention with a lawsuit filed on Saturday by a coalition of human rights and immigrant advocacy organizations.

“Plaintiffs seek this court’s intervention to put a stop to these cruel, unnecessary and illegal transfers to and detention at Guantánamo,” the newly filed complaint said.

The plaintiffs, led by the American Civil Liberties Union, are for now seeking a judicial stay to block the transfer of 10 migrants whom the coalition signed up to represent. But it appears to lay the groundwork to seek a potential broader order against the transfer policy, which has raised many novel legal issues.

The 10 migrants named in the lawsuit each has final removal orders, it said, and comes from countries including Afghanistan, Bangladesh, Pakistan and Venezuela. The lawsuit asserts that none are gang members, and some have been specifically threatened with transfer to Guantánamo.

“In attempting to justify the transfers, the government has claimed that the individuals it sent to Guantánamo are members of gangs and dangerous criminals — the ‘worst of the worst,’” the complaint said, citing a remark in January by Defense Secretary Pete Hegseth.

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It continued: “That characterization is patently false. It is also legally irrelevant because the government lacks statutory authority to send any immigration detainees from the United States to Guantánamo.”

The Justice Department press office did not immediately respond to a request for comment.

The lawsuit is not the first to challenge aspects of President Trump’s policy. Last month, a judge prevented the government from moving three Venezuelan men who were being held in immigration detention in New Mexico to the base, and a group of legal aid organizations sued the administration asking that migrants taken there have access to lawyers.

Neither of those cases, however, directly addressed the legality of the overall policy. The new lawsuit claims that it exceeds the government’s authority under the Immigration and Nationality Act to take the migrants to Cuban soil, and that the government has no statutory authority to detain people outside the United States for immigration purposes.

Calling such transfers “arbitrary and capricious,” the lawsuit also claims that the policy violates the Administrative Procedure Act and the migrants’ due process rights.

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“It’s not just that it’s illegal, but wholly illogical from a cost standpoint, something this administration supposedly cares about,” said Lee Gelernt of the American Civil Liberties Union, who is the lead lawyer in the lawsuit. “The administration has had its Guantánamo photo op moments, and now it’s time to move on.”

It has not been clear whether there is any concrete policy advantage to the cost that taxpayers are incurring for flying migrants to the remote island base rather than housing them more cheaply on U.S. soil until directly deporting them to their home countries.

But the operation has generated stories that could send a deterrent message — a purpose Mr. Hegseth appeared to allude to last week when he visited the base with a former colleague from Fox News.

“The message is clear: If you break the law, if you are a criminal, you can find your way at Guantánamo Bay,” Mr. Hegseth told Fox. “You don’t want to be at Guantánamo Bay, which is where we housed Al Qaeda after 9/11.”

Mr. Trump directed the U.S. military and the Homeland Security Department on Jan. 29 to prepare to expand a migrant operations center at Guantánamo Bay, saying it would “provide additional detention space for high-priority criminal aliens unlawfully present in the United States.”

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Soon after, the military began transporting migrants to the base on what became near daily flights from an immigration site in El Paso. Despite the Trump administration’s portrayal of them as criminals, only some of the migrants who have been identified as being transferred to the base have had criminal records.

The first 178 migrants taken there were all citizens of Venezuela, a country to where deporting people had been difficult because of a breakdown in relations between its authoritarian government and the United States.

However, the Trump administration has persuaded Venezuela to begin taking its people back. On Feb. 20, it abruptly cleared out the detention operation, sending 177 migrants to Honduras where they were picked up by a Venezuelan plane and taken home. (One man had earlier been transferred back to the United States.)

Then, in a series of flights starting on Feb. 23, the administration began sending more migrants there, this time from a spectrum of other countries including Honduras, Colombia, El Salvador, Guatemala and Ecuador, according to a document seen by The New York Times. They ranged in age from 23 to 62.

As of Friday morning, the military was holding 26 migrants in a dormitory-style building handled by the Coast Guard, where it has been housing those deemed to be “lower risk,” and 17 men in a war-on-terror prison called Camp 6, where it has sent those deemed “high risk,” according to a defense official who was not authorized to speak about the matter by name.

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Nine migrants were sent back to the United States this week. Another flight arrived Friday afternoon, but the number migrants who were on it and which of the two holding facilities they were sent to is unclear.

The new lawsuit is likely to be handled by Judge Carl Nichols of the Federal District Court in Washington. Judge Nichols, a Trump appointee, was earlier assigned the legal access suit, and the coalition filed the new lawsuit as a related matter. Mr. Gelernt is also the lead lawyer in the earlier case.

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Trump plans to meet with Venezuela opposition leader Maria Corina Machado next week

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Trump plans to meet with Venezuela opposition leader Maria Corina Machado next week

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President Donald Trump said on Thursday that he plans to meet with Venezuelan opposition leader Maria Corina Machado in Washington next week.

During an appearance on Fox News’ “Hannity,” Trump was asked if he intends to meet with Machado after the U.S. struck Venezuela and captured its president, Nicolás Maduro.

“Well, I understand she’s coming in next week sometime, and I look forward to saying hello to her,” Trump said.

Venezuelan opposition leader Maria Corina Machado waves a national flag during a protest called by the opposition on the eve of the presidential inauguration, in Caracas on January 9, 2025. (JUAN BARRETO/AFP via Getty Images)

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This will be Trump’s first meeting with Machado, who the U.S. president stated “doesn’t have the support within or the respect within the country” to lead.

According to reports, Trump’s refusal to support Machado was linked to her accepting the 2025 Nobel Peace Prize, which Trump believed he deserved.

But Trump later told NBC News that while he believed Machado should not have won the award, her acceptance of the prize had “nothing to do with my decision” about the prospect of her leading Venezuela.

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California sues Trump administration over ‘baseless and cruel’ freezing of child-care funds

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California sues Trump administration over ‘baseless and cruel’ freezing of child-care funds

California is suing the Trump administration over its “baseless and cruel” decision to freeze $10 billion in federal funding for child care and family assistance allocated to California and four other Democratic-led states, Atty. Gen. Rob Bonta announced Thursday.

The lawsuit was filed jointly by the five states targeted by the freeze — California, New York, Minnesota, Illinois and Colorado — over the Trump administration’s allegations of widespread fraud within their welfare systems. California alone is facing a loss of about $5 billion in funding, including $1.4 billion for child-care programs.

The lawsuit alleges that the freeze is based on unfounded claims of fraud and infringes on Congress’ spending power as enshrined in the U.S. Constitution. The White House did not immediately respond to a request for comment.

“This is just the latest example of Trump’s willingness to throw vulnerable children, vulnerable families and seniors under the bus if he thinks it will advance his vendetta against California and Democratic-led states,” Bonta said at a Thursday evening news conference.

The $10-billion funding freeze follows the administration’s decision to freeze $185 million in child-care funds to Minnesota, where federal officials allege that as much as half of the roughly $18 billion paid to 14 state-run programs since 2018 may have been fraudulent. Amid the fallout, Gov. Tim Walz has ordered a third-party audit and announced that he will not seek a third term.

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Bonta said that letters sent by the U.S. Department of Health and Human Services announcing the freeze Tuesday provided no evidence to back up claims of widespread fraud and misuse of taxpayer dollars in California. The freeze applies to the Temporary Assistance for Needy Families program, the Social Services Block Grant program and the Child Care and Development Fund.

“This is funding that California parents count on to get the safe and reliable child care they need so that they can go to work and provide for their families,” he said. “It’s funding that helps families on the brink of homelessness keep roofs over their heads.”

Bonta also raised concerns regarding Health and Human Services’ request that California turn over all documents associated with the state’s implementation of the three programs. This requires the state to share personally identifiable information about program participants, a move Bonta called “deeply concerning and also deeply questionable.”

“The administration doesn’t have the authority to override the established, lawful process our states have already gone through to submit plans and receive approval for these funds,” Bonta said. “It doesn’t have the authority to override the U.S. Constitution and trample Congress’ power of the purse.”

The lawsuit was filed in federal court in Manhattan and marked the 53rd suit California had filed against the Trump administration since the president’s inauguration last January. It asks the court to block the funding freeze and the administration’s sweeping demands for documents and data.

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Video: Trump Says ‘Only Time Will Tell’ How Long U.S. Controls Venezuela

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Video: Trump Says ‘Only Time Will Tell’ How Long U.S. Controls Venezuela

new video loaded: Trump Says ‘Only Time Will Tell’ How Long U.S. Controls Venezuela

transcript

transcript

Trump Says ‘Only Time Will Tell’ How Long U.S. Controls Venezuela

President Trump did not say exactly how long the the United states would control Venezuela, but said that it could last years.

“How Long do you think you’ll be running Venezuela?” “Only time will tell. Like three months. six months, a year, longer?” “I would say much longer than that.” “Much longer, and, and —” “We have to rebuild. You have to rebuild the country, and we will rebuild it in a very profitable way. We’re going to be using oil, and we’re going to be taking oil. We’re getting oil prices down, and we’re going to be giving money to Venezuela, which they desperately need. I would love to go, yeah. I think at some point, it will be safe.” “What would trigger a decision to send ground troops into Venezuela?” “I wouldn’t want to tell you that because I can’t, I can’t give up information like that to a reporter. As good as you may be, I just can’t talk about that.” “Would you do it if you couldn’t get at the oil? Would you do it —” “If they’re treating us with great respect. As you know, we’re getting along very well with the administration that is there right now.” “Have you spoken to Delcy Rodríguez?” “I don’t want to comment on that, but Marco speaks to her all the time.”

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President Trump did not say exactly how long the the United states would control Venezuela, but said that it could last years.

January 8, 2026

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