Protecting America Through Lawful Detention of Terrorists

Feb 2, 2018
Feb 2, 2018

Summary

Cancels the order to close the Guantanamo Bay prison and allows the U.S. to send new prisoners there when needed to protect the country.

What problem does this solve?

A previous order required the U.S. to close the Guantanamo Bay prison, which holds people considered to be dangerous. This order cancels the closure, keeping the facility open to hold current and future prisoners captured in war.

What does this order do?

Keeps Guantanamo Bay open
Revokes a previous executive order that had directed the closure of the detention facilities at U.S. Naval Station Guantanamo Bay.
Allows for new detainees
Permits the United States to transport additional detainees to Guantanamo Bay when it is lawful and necessary for national protection.
Requires new policies for handling prisoners
Directs the Secretary of Defense to recommend new policies for handling individuals captured in armed conflicts within 90 days.
Continues periodic reviews for detainees
Ensures that any new detainees will have their cases reviewed regularly to determine if their continued detention is necessary to protect the U.S.

Who does this affect?

  • Detainees at Guantanamo Bay
  • Individuals captured in armed conflicts
  • U.S. military personnel

What is the real world impact?

Continues controversial detention practices
Allows for the indefinite detention of individuals, a practice that has drawn criticism from human rights groups and other countries who argue it violates international law.
Reverses a previous administration's policy
Cancels Executive Order 13492, which had ordered the closure of the Guantanamo Bay facility, marking a clear shift in policy on handling detainees.
Keeps a key detention facility open for national security
Maintains the Guantanamo Bay facility to hold individuals considered a significant threat to the United States, preventing them from returning to conflict.

When does this start?

This order takes effect immediately as of January 30, 2018, but sets a deadline for new policy recommendations.
New detainee policy recommendations
Within 90 days of January 30, 2018, the Secretary of Defense must recommend policies for handling individuals captured in armed conflict.