Should the U.S. Detain ISIL Terrorists at Guantanamo Bay? (S. Res. 396)

What is S. Res. 396?

(Updated July 28, 2020)

This resolution expresses the sense of the Senate that members of the Islamic State group (aka ISIL or ISIS) who are captured during U.S. operations against the organization should be detained at the naval facility at Guantanamo Bay, Cuba.

That assertion is based on ISIL’s declaration of war against the U.S. and that ongoing American combat operations will likely lead to the capture of ISIL fighters. It further notes that detaining members of ISIL at Guantanamo Bay would be consistent with the facility’s history as it was used to detain international terrorism suspects in the aftermath of the September 11, 2001 attacks.

Argument in favor

Captured ISIL fighters should be detained at Guantanamo Bay because they would pose a threat to public safety if they were detained in the U.S. The detention facility has proven useful in counterterrorism efforts and should remain in use.

Argument opposed

The continued use of Guantanamo Bay undermines America’s credibility internationally while providing a recruiting tool for terrorist organizations. Captured ISIL fighters should either be detained in the U.S. or held overseas where they're captured.

Impact

Terrorists who might be detained at Guantanamo Bay; the U.S. Armed Forces; and Congress.

Cost of S. Res. 396

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Sen. Steve Daines (R-MT) introduced this resolution to encourage the continued and expanded use of the detention facilities at Guantanamo Bay to detain ISIL terrorists:

“Last week when I was at Guantanamo Bay I saw plenty of vacant cells. Terrorists captured by U.S. forces belong in Guantanamo, a location that has played a pivotal role for collecting intelligence from detainees and keeping terrorists off the battlefield in the global war on terror. These dangerous individuals do not belong on U.S. soil, or in the custody of a nation that may allow them to return to the battlefield as we have seen before. We must ensure they don’t continue to spread radical Islam throughout the world, and Guantanamo Bay serves an integral purpose for just that.”

Currently there are 15 House Republicans that have signed on as cosponsors of this legislation.

Of Note: As part of his broader effort to shut down the Guantanamo Bay detention facility, President Obama has transferred or released 147 detainees during his administration to other countries where they are monitored to prevent their return to terrorism. The President released a plan for the facility’s closure, and explained his rationale for doing so:

“For many years, it has been clear that the detention facility at Guantanamo Bay does not advance our national security — it undermines it. It’s counterproductive to our fight against terrorists, who use it as propaganda in their efforts to recruit. It drains military resources, with nearly $450 million spent last year alone to keep it running and more than $200 million in additional costs needed to keep it open going forward. Guantanamo harms our partnerships with allies and other countries whose cooperation we need against terrorism.”

The release of detainees from Guantanamo Bay has led to some recidivism, with former detainees returning to join terror groups opposed to the U.S. The Director of National Intelligence has estimated in January 2016 that 118 of 676 former detainees that were transferred have been confirmed to have returned to terrorism, while another 86 are suspected of doing so. Of those 204 detainees, 128 aren’t in custody.

Media:

• Sponsoring Sen. Steve Daines (R-MT) Press Release
• Daily Caller
• Ripon Advance