By Benson Gideon, COFA Advocate

Editor’s Note: This statement is reprinted from a social media post with permission of the author.

While some may believe that Marshallese nationals are not affected by U.S. immigration enforcement practices, independent news reports confirm that RMI and FSM citizens are among foreign nationals held at the facility under expanded U.S. immigration enforcement. A stark reminder that COFA citizenship doesn’t guarantee immunity from U.S. enforcement policies.

As a COFA advocate and ordinary Indigenous citizen of the Marshallese Island, I strongly condemn the detention of Compact of Free Association (COFA) migrants—including citizens from the Republic of the Marshall Islands—at the U.S. Naval Base in Guantánamo Bay. This action raises urgent legal, constitutional, and ethical concerns that must be addressed without delay.

Under the Compact of Free Association, Marshallese citizens are legally permitted to live and work in the United States without visas. This agreement, ratified by Congress, was built on mutual trust and strategic partnership. Yet recent reports confirm that Marshallese nationals are now among the 72 immigration detainees held at Guantánamo Bay—58 classified as high-risk and 14 as low-risk2.

The Department of Homeland Security (DHS) has publicly listed the Marshall Islands among the 26 countries whose citizens are currently detained at the facility2. These individuals are being held in either Camp IV, a high-security prison complex, or the Migrant Operations Center, a barracks-style facility. The administration has justified this by citing criminal records and final deportation orders, but civil rights advocates argue that this practice is punitive, unlawful, and discriminatory.

Legal Grounds for Objection:

• Due Process Violations: Detainees lack access to legal counsel and face indefinite detention without judicial review—violating the Fifth Amendment.
• US Equal Protection Concerns: Targeting COFA residents, who are predominantly Pacific Islanders, raises serious questions under the Fourteenth Amendment.
• Breach of Treaty Obligations: The COFA agreement guarantees fair treatment. Military detention undermines this commitment.
• International Law Violations: Arbitrary detention breaches U.S. obligations under the International Covenant on Civil and Political Rights (ICCPR).

Marshallese Contributions to the United States:

Our people have gone far beyond symbolic gestures of friendship—we’ve physically and strategically underwritten the U.S. military and defense posture in the Pacific:

· Military Infrastructure: The Marshall Islands host one of the most critical American military installations outside U.S. territory—the Ronald Reagan Ballistic Missile Defense Test Site on Kwajalein Atoll. It supports space surveillance, missile testing, and nuclear deterrence systems essential to U.S. defense.

· Use of Sea and Airspace: Under COFA and related defense agreements, the U.S. military has full strategic access to the Marshallese ocean territory, ports, and airspace. This enables freedom of movement and tactical advantage across the Pacific.

· Marshallese Military Service: Marshallese citizens serve in the U.S. Armed Forces, despite not holding U.S. citizenship or full benefits. They have fought in Iraq, Afghanistan, and other theaters of conflict.

· Permanent U.S. Residency in RMI: American citizens can reside in the Marshall Islands indefinitely without a visa, enjoying full access to land, economic opportunities, and services—reciprocity that is not reflected in current U.S. enforcement actions toward Marshallese.

· Nuclear Sacrifice: The U.S. conducted dozens of nuclear tests on Marshallese soil, with lingering effects on health, agriculture, and the environment. Communities continue to suffer the consequences, while compensation and remediation remain insufficient.

Despite these sacrifices, our people are being treated as criminals and confined in a facility historically associated with terrorism suspects. This is not just a COFA issue—it is a constitutional, moral, and treaty issue.

Embassies are not passive observers. They are tasked with monitoring local conditions, responding to human rights concerns, and facilitating dialogue. If there is evidence or even credible risk that Marshallese COFA migrants could be detained in Guantánamo Bay or elsewhere without due process, the Embassy has a legal and moral duty to escalate those concerns to Washington.

While ambassadors cannot publicly oppose presidential policy, they can and do advocate internally for policy adjustments based on local realities. This includes reporting human rights violations, recommending legal reviews, and advising on treaty compliance. This is not political—it’s legal advocacy rooted in treaty enforcement and human rights.

If future litigation arises over COFA violations or unlawful detention, the Embassy’s actions—or inactions—could be scrutinized. Diplomatic missions are expected to act in good faith to uphold international agreements and protect vulnerable populations. That includes raising concerns, facilitating dialogue, and ensuring that Marshallese citizens are not subjected to unlawful treatment.

I call on the U.S. Embassy in Majuro to publicly address this injustice and work with federal agencies to ensure COFA Marshallese residents are treated with dignity and fairness. If we are good enough to host your missile ranges, fight in your military, and support your defense strategy, then we are good enough to be protected—not punished. Let this be a turning point. Let justice, transparency, and respect prevail.