Department of Homeland Security (DHS) Secretary Kristi Noem refused to rule out the possibility of detaining shoplifters and other low-level offenders at Guantanamo Bay during an interview on CNN’s State of the Union on Sunday.
Host Dana Bash pressed Noem on whether the Biden administration could use the offshore detention center to house migrants and individuals charged with, but not convicted of, nonviolent crimes under the controversial Laken Riley Act.
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“The Laken Riley Act requires you at the DHS to detain individuals who have been charged with but not convicted of nonviolent crimes like theft or shoplifting,” Bash noted. “You talked about ICE facilities that come and go, but at some point, they’re likely to be at capacity. So could those people end up at Guantanamo?”
Noem declined to provide a definitive answer, leaving the door open for such a possibility. “You know, I don’t know what the president will decide as far as utilizing it,” she admitted. “We want to have the capacity… He’s going to decide exactly which individuals.” She emphasized that DHS was preparing additional detention facilities but did not rule out using Guantanamo Bay if space in ICE facilities ran out.
“We will have some facilities that will be up to the same standards as other detention facilities in the United States,” Noem said. “And I don’t think the president’s going to tie his hands on what he needs to do to make sure that America is safe.”
The Laken Riley Act, which passed the House largely along party lines, mandates the detention of undocumented immigrants charged with crimes, even if they have not been convicted. Critics argue that the measure could lead to indefinite detentions and disproportionately impact migrants who have yet to see their day in court.
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The possibility of using Guantanamo Bay for such detainees has raised alarm among civil rights advocates, who argue it would further blur the lines between immigration enforcement and punitive detention policies. Guantanamo has historically been used to hold terrorism suspects, and expanding its use for nonviolent offenders could spark significant legal and ethical challenges.
While Noem’s comments stopped short of confirming plans to send shoplifters to the controversial facility, her refusal to rule it out suggests the administration is considering all options as detention centers near capacity. The Biden administration has not yet commented on whether Guantanamo Bay will play a role in housing detainees under the new policy.
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