The difference that still matters (for now) is that the US justice system applies in the United States, regardless of citizenship, war, or anything else.
Gitmo detainees were strategically never brought into the US. NSGB is a naval base that’s leased from Cuba and is explicitly not territorial ground of the US, so detainees there are not protected by US laws, but the adversarial relationship with Cuba also keeps the host country’s laws from applying.
It’s pretty much the only place the US permanently controls where there are no civil protections at all for detainees.
And Republicans have already tried calling this a “war” on illegal immigration so that we can treat them as enemy combatants.
The difference that still matters (for now) is that the US justice system applies in the United States, regardless of citizenship, war, or anything else.
Gitmo detainees were strategically never brought into the US. NSGB is a naval base that’s leased from Cuba and is explicitly not territorial ground of the US, so detainees there are not protected by US laws, but the adversarial relationship with Cuba also keeps the host country’s laws from applying.
It’s pretty much the only place the US permanently controls where there are no civil protections at all for detainees.