On January 30, 2018, President Trump signed Executive Order 13,823, directing officials to keep the Guantánamo Bay detention camp open and permitting additional detainees to be transported to the facility. In announcing his decision during the State of the Union address to Congress, Trump stated, “I am asking Congress to ensure that, in the fight against ISIS and Al Qaida, we continue to have all necessary power to detain terrorists … . And in many cases, for them, it will now be Guantánamo Bay.” Section 2 of the order provides:
(a)Section 3 of Executive Order 13492 of January 22, 2009 …, ordering the closure of detention facilities at U.S. Naval Station Guantánamo Bay, is hereby revoked.
(b)Detention operations at U.S. Naval Station Guantánamo Bay shall continue to be conducted consistent with all applicable United States and international law, including the Detainee Treatment Act of 2005.
(c)In addition, the United States may transport additional detainees to U.S. Naval Station Guantánamo Bay when lawful and necessary to protect the Nation.