Protecting America Through Lawful Detention of Terrorists

This executive order revokes the 2009 directive to close the Guantánamo Bay detention facility, affirming that detention operations there will continue indefinitely. It also authorizes transporting additional detainees to Guantánamo Bay and requires the Secretary of Defense to recommend disposition policies within 90 days.

Federal Register Open PDF 83 FR 4831

Impact dates

Apr 30, 2018
Secretary of Defense recommends disposition policies to President regarding individuals captured in connection with armed conflict

Key directives

Revoke Section 3 of Executive Order 13492 (Guantánamo closure)
Continue detention operations at Guantánamo Bay consistent with applicable law
Authorize transport of additional detainees to Guantánamo Bay when lawful and necessary
Secretary of Defense shall recommend disposition policies to President within 90 days
New detainees transferred after January 30, 2018 not charged by military commission shall be subject to periodic review procedures under Executive Order 13567

Who is ordered

Timeline

Immediate

Revocation of Guantánamo closure order (EO 13492, Section 3)
Authorization for continued detention operations
Authorization to transport additional detainees to Guantánamo Bay

Near term (90d)

Secretary of Defense must recommend disposition policies to President

Long term

Indefinite continuation of Guantánamo detention operations
Potential for new detainees to be transferred to Guantánamo Bay
Ongoing periodic review procedures for detainees not charged by military commission

Risks & tensions

Reverses prior administration policy without congressional action, highlighting executive branch volatility in national security detention policy
Vague standard 'when lawful and necessary to protect the Nation' for new transfers leaves discretion undefined; no geographic or conflict scope limits specified
Continued reliance on 2001 AUMF for indefinite detention authority remains legally contested
Periodic review procedures referenced but not strengthened; tension with due process concerns for long-term detainees
Section 3(b) preserves existing law on U.S. citizens and LPRs but does not expand protections, leaving ambiguity about domestic capture scenarios