Detention
592 Articles

What the US Government Brief Should Have Said in Al-Hela: On Guantanamo and Due Process
"Had the Justice Department wanted to recognize that the due process clause applies at Guantanamo, the brief would have essentially written itself."

State Secrets and the Torture of Abu Zubaydah
More than any case to have reached the Supreme Court, Abu Zubaydah’s case demonstrates the need to carefully scrutinize what information the Executive Branch can legitimately…

The Méndez Principles: Building Rapport and Trust in Interrogations to Elicit Reliable Information
The demonstrated effectiveness of evidence-based methods strengthens the argument against torture and ill-treatment.

The Méndez Principles: The Need to Update the Army Field Manual on Interrogation for the 21st Century
Defense Secretary Austin should convene an expert panel to ensure that methods used are informed by current science.

The Méndez Principles: Leadership to Transform Interrogation via Science, Law, and Ethics
New guidance points the way to scientifically sound, lawful, human rights-compliant, and effective practices.

Torture Evidence and the Guantanamo Military Commissions
Burying evidence of torture, while surreptitiously admitting the fruits of torture is not what a decent legal system does. Bringing to justice those accused of atrocious crimes…

Stopping Torture: Why Professional Governance Failed, and How It Can Do Better
Professionals -- psychologists, physicians, lawyers -- played key parts in enabling post-9/11 torture programs. Yet professionalism can also constrain state power. Gregg Bloche…

A Letter to President Biden from a Former Intelligence Officer: Close Guantanamo Bay
There is shame in the knowing. There is greater shame in knowing, and doing nothing. Mr. President, you can do something. End this horrible era of American history.

Biden Approach to Immigration, Outlined at UN Human Rights Council, Leaves Serious Gaps
The administration has the authority to protect people and comply with international law and best practices. That requires concrete steps immediately.

Biden Team’s Litigation Tactics on Guantanamo Undercut Biden Policy to Close the Prison
The administration's new moves before Supreme Court raise questions about whether it will more broadly decline to use straightforward tools to close Guantanamo and end indefinite…

To Fix the Immigration System, We Need To Start With Immigration Courts
If we want to re-build a better, stronger immigration system, we need to start with immigration courts.

Upcoming Cases Provide Opportunities to Reassess the Application of the Due Process Clause at Guantanamo
Recognizing the Due Process Clause’s application at Guantanamo will help refocus litigation on the question of whether the remaining detainees pose such a significant threat…