Guantanamo Bay Over 4 Presidencies

Following the September 11th terrorist attacks, then-President George Bush launched the Global War on Terrorism, which sought to protect US citizens from potential terrorist attacks by funding global security and military efforts. The US federal pricetag for the global War on Terror is estimated to be over $8 trillion. This estimated cost includes the funds to build and operate Guantanamo Bay, a detention facility located in Guantanamo Bay, Cuba, which is used to detain of suspected members and affiliates of terrorist groups. 

Since the establishment of Guantanamo Bay, debates have arisen over human rights, safety, and lawfulness. President Obama spent the beginning of his presidency working to shut down Guantanamo, however pushback from members of the Senate prolonged the closure of the center. Arguments against the closing of Guantanamo range from concerns about releasing terrorists or potential terrorists into the U.S. and into other countries, to the high cost of closing Guantanamo Bay. The Obama Administration, however, was successful in enforcing new procedures for handling the detainees. Obama managed to transfer, repatriate, or resettle 197 detainees. Ultimately, his efforts did not see the closure of Guantanamo.

When President Trump took office in 2017, advocates for the closing of Guantanamo Bay had little hope that this would come to fruition. During his campaign, Trump advocated for the continued transfer of people into Guantanamo. As promised, Trump signed an Executive Act to reverse Obama-era policies aimed to shut down Guantanamo and ultimately halted the closure of Guantanamo. Trump’s Executive Order commands the Secretary of Defense and other officials to offer the President new policies “regarding the disposition of individuals captured in connection with an armed conflict, including policies governing transfer of individuals to the U.S. Naval Station Guantanamo Bay” within 90 days. Secretary of Defense Mattis suggested keeping the current U.S. policies on Guantanamo. 

Now, the question of Guantanamo’s fate under President Joe Biden has taken the foreground. 

Biden’s Promises of Closing Down Guantanamo

Before taking office, Biden advocated for the closing of Guantanamo. During a 2016 press conference, Biden was asked about his prospects for successfully closing Guantanamo before the end of his Vice-Presidency. He replied, “that is my hope and expectation”. During his campaign for presidency, Biden promised to close down Guantanamo, though failed to mention in detail his plans for doing so. While Biden’s move into office had given advocates hope for its future shut-down, little tangible change has been seen since the start of his term.

Biden and Guantanamo in 2022

Since 2002, roughly 800 detainees have been held at Guantanamo. As of April 22nd, 2022 37 remained, most of whom will be held indefinitely. Of the remaining detainees, the Department of Defense recorded:

•  18 are eligible for transfer,
• 7 are eligible for a Periodic Review Board to determine whether they pose any threats to the security of the United States,
• 10 are undergoing military commission proceedings,
• and two detainees have been convicted. 

On June 24, 2022 the Defense Department transferred a detainee to his home country, Afghanistan, which reduced the number of detainees to 36. While the steady reduction in detainees is seen as a concrete step towards closing Guantanamo as compared to the last administration’s efforts, progress is slow and it will be a long time before the process is complete. 

Biden’s Low Profile Approach towards Guantanamo—Matter Avoidance or a Matter of Tactic?

The Biden Administration has taken a low profile approach to handling Guantanamo—a notably quieter approach than that of Obama. 

So far into Biden’s presidency, little has been said about his plans for Guantanamo. Some speculate that Biden’s quiet approach is a tactic to minimize political backlash. “President Biden appears to have learned from Obama’s missteps, transferring one prisoner and clearing many without being too loud about it and painting a target on his own back,” Ramzi Kassem, a law professor at the City University of New York, stated. In February, a review board approved the safe release of more than half of the men held indefinitely at the detention facility. Biden has not yet made public the process used in releasing detainees, however it seems the Administration is taking measures to ensure the release of these detainees following Obama-era policies. 

Pushback on Biden’s attempts to close Guantanamo is anticipated in the current political climate. Some believe the United States has the right to keep Guantanamo Bay open since the US is still in armed conflict and Guantanamo might serve a function in helping obtain vital information that will ensure the safety of American citizens. In his testimony to the senate, Cully Stimson, defended the need for Guantanamo, saying “[U.S.] is entitled, under domestic and international law, to detain opposing enemy forces for the duration of hostilities, including the terrorists at Guantanamo”. Others have criticized Biden for his silence on the topic as they “fear a repeat of what happened under President Obama”. 

Is Biden implementing Obama’s Policies on Guantanamo Bay? 

At the start of his presidency, Obama signed executive orders which proposed a timeline for the trial or release of detainees. The timeline was faster than the Bush Administration’s process which proposed trying prisoners through military commissions on a case-by-case basis. Obama’s plan involved securely transferring detainees to home countries or to countries which would accept them, accelerating periodic reviews, prosecuting detainees under federal government jurisdiction, and finding secure locations for some detainees in the United States. Some criticized Obama’s plan to bring detainees into the United States, arguing that it would compromise citizen safety. A second courtroom is under construction, which would allow military commissions to undertake multiple cases at once, accelerating detainee processing.

What does the Future of Guantanamo Look Like? 

It is yet unclear the fate of Guantanamo under the presidency of George Biden. As for future plans: “[Biden’s] Administration is dedicated to following a deliberate and thorough process focused on responsibly reducing the detainee population of the Guantánamo facility while also safeguarding the security of the United States and its allies” says Ned Price, the State Department spokesperson.