The Lawfare Podcast Lawfare Daily: Guantanamo, Immigration, and the U.S. Military
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Feb 20, 2025 In a thought-provoking discussion, Chris Mirasola, an Assistant Professor at the University of Houston Law Center, unpacks the legal quagmire surrounding President Trump's controversial decision to detain migrants at Guantanamo Bay. He delves into the implications of the Posse Comitatus Act and the lack of legal clarity for military involvement in domestic immigration policies. Mirasola also explains the complex dynamics between the Department of Homeland Security and the Department of Defense, raising critical questions about national security and civil rights.
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Legal Questions on Migrant Detention
- The Trump administration's detention of migrants at Guantanamo Bay raises several legal questions.
- These include the basis for detention, the role of DHS and the military, and the migrants' rights.
Migrant Operations Center's Legal Basis
- The Migrant Operations Center at Guantanamo Bay is operated by DHS.
- It's unclear what the interagency agreement between DOD and DHS is or if the Economy Act applies.
Combat Ship's Role
- A combat ship, the USS St. Louis, supports migrant operations at Guantanamo Bay.
- Its involvement is likely due to the base's geography and limited personnel capacity.