Before the announcement of the president’s order of closing Guantanamo Bay, the latter was heavily criticized by human rights organizations, which were later joined by former detainees and academics. Although it is stated that the closure of Guantanamo would have little impact on US detention practices elsewhere, the controversies resulting from revealing the practices of abuses in other detention centers, namely Abu Ghraib, gave the order of closure specific significance. Nevertheless, it should be stated that there are several considerations that should be taken into account, which surpass the problem of simply moving the detainees to other places. In that regard, this paper discusses the issues surrounding the closure of Guantanamo Bay, considering the potential impact on homeland security.
It can be understood that the main issue with closing Guantanamo was not in the closure decision itself, rather in determining the fate of the detainees and the impact of any decision regarding their location on homeland security. The latter is specifically evident in the case of transferring detainees into the United States. Being subject to criminal prosecution, the detainees would have the constitutional provisions related to such procedures. Accordingly, the detention in Guantanamo had the advantages of being separated from American society. Maintaining the detainees with other prisoners might be subject to abuse and/or interaction with other prisoners. On the other hand, building a separate facility for prisoners might be criticized for overspending. The issue is also complicated by the fact that several legislative provisions “prohibit or place conditions on the use of federal funds to release or transfer Guantanamo detainees into the United States”.
The suggestions should be seen in charging the detainees subject to prosecution in civil courts rather than military. On the one hand, the issue will facilitate the solving of the issue of jurisdiction, and on the other hand, the prosecution will hasten the determination of the fate of many detainees waiting to be prosecuted. It can be stated that such a step will solve the issue with the human rights organization, and at the same time, remove the special status detainees enjoy while being merely criminals. As for homeland security, the legal aspects resulting from such recommendations, namely immigration consequences. A framework should be enacted where the charges on terrorism should have the highest priority so that constitutional requirements will not hinder the prosecution of the detainee. In that regard, the relocation should be within the borders of the United States, and considering the number of detainees in Guantanamo, it will not be an issue to implement.