Detainees & Due Process: Applying the History of Due Process to Guantánamo Bay

Written by Pratha Purushottam

Edited by Jacqueline Williams and Will Mayer

Guantánamo Bay is a blot on the history of justice in the United States. Often referred to as a “legal black hole,” the prison’s disregard for the law is reinforced by its strategic placement on foreign soil, where the American government can argue that judicial jurisdiction does not apply. Thirty people are currently detained in Guantánamo; the majority of them have yet to be formally charged by the U.S. government for their alleged crimes. While President Biden pledged to close the center by the end of his term, his administration has not made appreciable progress towards reaching that goal besides clearing one individual’s case. Detainees continue to go without a set trial date, legal resources, and the opportunity to prove their innocence in a court of law. Awarding them due process will mitigate these issues and allow the United States to rectify some of its mistakes. An examination of the history of due process and Supreme Court precedent leaves little doubt about how the Court should rule in upcoming cases.