Executive Order 13492
Executive Order 13492, titled Review and Disposition of Individuals Detained at the Guantánamo Bay Naval Base and Closure of Detention Facilities, is an Executive Order that was signed by United States President Barack Obama on 22 January 2009, ordering the closure of the Guantanamo Bay detention camp in Cuba. This was signed at the same time as Executive Order 13493, in which Obama ordered the identification of alternative venues for the detainees.
Although the order specified that the site should be closed within 12 months, as of September 2025, it remains open.
Background
The Executive Order instructed for the immediate review of the statuses of all individuals detained at the Guantanamo Bay naval base, with the intent to move them out of the facility, followed by closure of detention facilities "as soon as practicable, and no later than 1 year from the date of this order".When Barack Obama signed executive order 13492, pressure to close the site from nongovernmental organizations such as the Red Cross, Amnesty International, and some American allied governments was high. However, after President Obama signed Executive order 13492 on January 22, 2009, the administration realized that their timeline of closing the facility within the one year promised timeline would not be feasible. The detention facility could not be shut down given that most of the detainees did not have proper paperwork and many had never been tried. After the administration realized that that lack of paperwork and other needed evidence was missing, the process of shutting down Guantanamo Bay was stopped. Furthermore, the prevention of closing the facility made the process of transferring detainees almost impossible. On December 2009, President Obama issued a memorandum directing the secretary of Defense Robert Gates and the Attorney General Eric Holder to make arrangements for detainees at Guantanamo bay be transferred to prisons and facilities inside of the USA. The majority of the prisoners were to be transferred to the Illinois Thomas Correctional Center; however, because of resistance among congress, the closing of Guantanamo Bay was delayed even further. Moreover, two years after the failure of trying to transfer detainees to the mainland, the US Congress removed, in its 2011 Defense Authorization Bill, the funds available for the transition project.
As of January 2021, the facility remained open, with 40 individuals held there.