"The limitations in section 1032 of the Act constrain the flexibility of the executive branch with respect to its engagement in delicate negotiations with foreign countries over the potential transfer of [the Guantanamo] detainees and thus may in some cases make it difficult to effectuate the transfer of detainees in a manner that does not threaten national security. I urge the Congress to eliminate these restrictions as soon as possible," Biden said.
The US president noted that sections of the NDAA are banning the use of funds to transfer the Guantanamo Bay detainees to certain foreign countries.
"It is the longstanding position of the executive branch that these provisions unduly impair the ability of the executive branch to determine when and where to prosecute Guantanamo Bay detainees and where to send them upon release. In some circumstances these provisions could make it difficult to comply with the final judgment of a court that has directed the release of a detainee on a writ of habeas corpus," Biden said.
Established by the Bush administration in 2002, the Guantanamo Bay detention facility has long been criticized for mistreatment and abuse of prisoners, with human rights activists and international organizations calling that it be closed. Former US President Barack Obama vowed to shut down the detention center, but faced strong opposition from Congress. His successor, Donald Trump, signed an order to keep the detention camp open indefinitely, while incumbent Joe Biden has promised to close it.
The US authorities have since shut down the secretive Camp Seven, where highly classified prisoners were kept, and transferred them to other blocks. In July, the White House announced that the Biden administration is aiming to close the detention facility for good and working to transfer its remaining prisoners out, but no date has been set.