Guantanamo Bay Detainees: Facilities and Factors for Consideration If Detainees Were Brought to the United States

Since 2002, the United States has operated military detention facilities at its Naval Station in Guantanamo Bay, Cuba, to hold individuals detained during overseas counterterrorism operations. In 2009 the President directed the closure of these facilities within 1 year. Since then, a number of statutes have prohibited the transfer of Guantanamo Bay detainees to the United States. GAO was asked to review existing U.S. facilities and identify factors to be considered in the event that restrictions were lifted and Guantanamo Bay detainees were transferred to the United States. This report describes the (1) current Guantanamo Bay detention facilities and infrastructure, (2) DOD corrections facilities and factors to be considered if these facilities were used to hold the detainees, and (3) DOJ facilities holding individuals charged with or convicted of terrorism-related crimes, and factors to be considered if these facilities were used to hold the detainees. To conduct its work, GAO reviewed relevant laws and policies on detention operations; visited several facilities at Guantanamo Bay and DOD and DOJ sites in the United States selected for their range of housing configurations; and interviewed officials at both agencies. GAO s review is descriptive and did not include an evaluation of whether specific U.S. facilities would be suitable for holding Guantanamo Bay detainees, nor did GAO address legal factors that are still being adjudicated. GAO is not making any recommendations in this report. In commenting on this report, DOJ stated that it has no plans to transfer detainees to the United States. This report is an unclassified version of a classified report issued in November 2012.
Report to the Chairman, Select Committee on Intelligence, U.S. Senate.