Noem Urges Court Against Guantanamo Bay Transfers Interference

US Department of Homeland Security Secretary Kristi Noem asked a district court Thursday to deny legal advocates’ bid for increased access to migrants transferred to Guantanamo Bay, Cuba.

Noem contended that the detainees have been given access to legal counsel and said the process is lawful since DHS has “broad discretion” to facilitate a removal operation, according to her department’s opposition brief filed with the US District Court for the District of Columbia. Noem asked the court to deny the groups’ Feb. 12 motion for a temporary restraining order to allow legal service organizations access to immigrant detainees at the facility.

The plaintiffs’ “proposed temporary restraining order seeks extraordinary relief that far exceeds the court’s authority because Congress expressly barred federal courts from interfering with the execution of removal orders,” Noem said.

The groups are challenging the legality of President Donald Trump’s plan to expand the facility to full capacity to house undocumented migrants before their deportation to their country of origin. The plaintiffs, which consist of three family members of Guantanamo detainees and four immigrant advocacy associations, alleged DHS is unlawfully depriving them access to migrants at the facility.

The suing groups also named US Department of Defense Secretary Pete Hegseth, Secretary of State Marco Rubio, the DHS, the Defense Department, the US Department of State, US Immigration and Customs Enforcement, and its current acting director as defendants. The groups allege the defendants are violating the Immigration and Nationality Act, as well as the migrants’ right to habeas corpus, free speech, and due process.

But Noem argued the INA actually authorizes the detention of undocumented immigrants pending their removal on an expedited removal order, according to the brief. She also said that the plaintiffs lack standing to sue as third parties or next friends since they haven’t pleaded a cognizable injury.

Since the detainees “have the ability to assert claims on their own behalf, there is no basis for allowing petitioners to bring the case as organizational plaintiffs, third parties, or next friends,” Noem said.

The defendants said that there are 178 detainees at the facility, as of Feb. 19, with final orders of removal to Venezuela, according to the brief. President Donald Trump (R) announced the plan on Jan. 29 through an executive order, ordering the Defense Department and the DHS to expand the facility to “full capacity.” The White House confirmed that the transfers started as early as Feb. 4. The detention facility, which Trump said could house as many as 30,000 people, also housed terrorism suspects after the Sept. 11 terrorist attack.

Noem alleged that there wasn’t any record of a detainee requesting to speak to counsel prior to the lawsuit, but said DHS and the Defense Department have provided written notice in both English and Spanish of the procedure for detainees to place private, unmonitored phone calls to counsel.

Noem said the Defense Department and DHS aren’t currently offering the opportunity for in-person visits to the facility but will evaluate whether to extend this option in light of “significant logistical challenges,” according to the brief.

The plaintiffs are additionally asking for the defendants to identify the location of detainees held at Guantanamo on ICE’s online detainee locator system within 24 hours of their transfer. They also seek at least 72-hour notice before the transfer of any detainees to a foreign jurisdiction or any new incoming transfer to the facility.

The ACLU Foundation, International Refugee Assistance Project, and Center for Constitutional Rights represent the plaintiffs.

The case is Las Americas Immigrant Advocacy Center v. Noem, D.D.C., No. 1:25-cv-00418, brief 2/20/25.