Guantánamo Bay has long been a symbol of the United States’ controversial counterterrorism policies. For nearly two decades, it has housed detainees from the War on Terror, some of whom have faced indefinite detention without trial. Among these detainees is a man known as the “forever prisoner,” a title given to those who are held indefinitely without charge or trial. Recently, President Joe Biden has come under mounting pressure from human rights groups, lawmakers, and activists to release one of these men, Khalid al-Mihdhar, who has been held at Guantánamo Bay since 2002.
The case of al-Mihdhar is not only emblematic of the broader issues of indefinite detention but also a critical turning point in how the Biden administration addresses the legacy of the War on Terror. The story of Guantánamo Bay, which was established after the September 11 attacks as part of the United States’ efforts to combat terrorism, is complex and contentious. This article explores the growing calls for the release of “forever prisoners,” focusing specifically on al-Mihdhar, and why Biden’s decision is so significant.
The Guantánamo Bay Detention Center: A Legacy of Controversy
The Guantánamo Bay detention facility was opened in January 2002 as part of the United States’ response to the 9/11 attacks. The facility was initially designed to hold suspected terrorists captured in Afghanistan and elsewhere, many of whom were linked to the Taliban or Al-Qaeda. Over time, however, it has become a focal point for human rights organizations and global critics due to reports of torture, indefinite detention, and the lack of trials for many detainees.
Of the 779 individuals who have been detained at Guantánamo since its opening, most have been released or transferred over the years, but a significant number remain in custody, many without being charged or tried. In total, there are still 34 detainees at Guantánamo as of 2025, many of whom have been cleared for release but continue to languish in the prison due to bureaucratic delays, political considerations, or concerns about security risks.
One of the most controversial categories of detainees are those labeled as “forever prisoners.” These are individuals who, for various reasons, remain in detention despite a lack of evidence to convict them. Many of them have been imprisoned without trial, in some cases for over a decade, and have faced harsh interrogation methods, including torture.
The Case of Khalid al-Mihdhar
Khalid al-Mihdhar is one such detainee who has garnered significant attention due to his prolonged detention at Guantánamo Bay. A Saudi national, al-Mihdhar was initially captured in Thailand in 2002 and was transported to Guantánamo Bay. He was suspected of being involved in the 9/11 attacks, though it has never been proven that he played an active role in the planning or execution of those attacks.
Al-Mihdhar’s case is particularly significant because of the legal limbo he has been in for over 20 years. Although he was initially suspected of having ties to Al-Qaeda, many of the charges against him have been dropped, and he has never been tried in a court of law. His continued detention has led human rights organizations to argue that his case is a prime example of the injustice of indefinite detention.
According to legal advocates, there is no clear evidence linking al-Mihdhar to any crimes, and his indefinite detention has been based on classified intelligence that has not been made available to his defense team or the public. Al-Mihdhar has also endured harsh conditions, including isolation and limited access to legal representation. His situation has drawn comparisons to other detainees who have spent years at Guantánamo without trial or conviction, creating a growing chorus of calls for his release.
Pressure on the Biden Administration
The Biden administration has inherited the difficult task of addressing Guantánamo’s legacy. During his presidential campaign, Biden promised to close the facility, but little progress has been made in achieving that goal. Critics argue that the continued existence of Guantánamo Bay, with its controversial detention practices, undermines the United States’ reputation as a leader in human rights and the rule of law.
Biden faces growing pressure to release detainees like al-Mihdhar, particularly as international human rights organizations, such as Amnesty International and the United Nations, continue to raise concerns about the legality and morality of indefinite detention without trial. These groups argue that holding individuals without charge for extended periods constitutes a violation of international human rights law.
At the same time, Biden has been faced with the complexities of balancing national security concerns with human rights obligations. Some security hawks within the U.S. government argue that releasing detainees like al-Mihdhar could pose a threat to American safety, despite the fact that he has never been formally charged with any crime.
Nonetheless, as of early 2025, Biden has yet to take significant steps to close Guantánamo or release detainees like al-Mihdhar. The continued existence of the detention center is seen by many as a stain on America’s commitment to justice and the rule of law, especially as other nations have moved to address the issue of indefinite detention.
Legal and Ethical Considerations
The legal and ethical questions surrounding Guantánamo Bay are vast and complex. On the one hand, there is a compelling argument that the United States has a duty to protect its citizens from potential terrorist threats. On the other hand, the indefinite detention of individuals without trial runs counter to the core principles of justice, due process, and human rights.
Al-Mihdhar’s case underscores the legal challenges of trying to balance national security with civil liberties. Human rights organizations argue that by holding detainees without charge for years, the United States undermines its own legal standards and international agreements, including the Universal Declaration of Human Rights, which prohibits arbitrary detention.
In 2009, President Obama attempted to close the facility, but his efforts were thwarted by political opposition, especially from Congress, which passed legislation to prevent the transfer of detainees to the U.S. mainland. While Biden has expressed a desire to close the prison, he faces similar political roadblocks and concerns from lawmakers who fear the potential release of individuals who could pose a security risk.
The Path Forward: What Needs to Be Done?
The case of Khalid al-Mihdhar and others detained at Guantánamo calls for a reassessment of U.S. policies on indefinite detention. Advocates for human rights and justice continue to push for reforms, including the immediate release of individuals who have been detained without charge or trial for years.
One possible solution is the creation of a transparent, independent process to review the cases of all detainees held at Guantánamo. Such a process could help identify individuals like al-Mihdhar who no longer pose a legitimate security threat and ensure that they are either charged with a crime or released. This would align the United States with international human rights standards and restore faith in its commitment to justice.
The Biden administration will have to navigate political challenges, security concerns, and legal complexities to address the issue of Guantánamo Bay. However, the growing pressure to release “forever prisoners” like Khalid al-Mihdhar represents an opportunity to finally close this painful chapter in U.S. history and move toward a more just and transparent approach to national security.
Conclusion
The case of Khalid al-Mihdhar and other “forever prisoners” at Guantánamo Bay highlights the ethical and legal challenges of indefinite detention. While the Biden administration has expressed a desire to close Guantánamo, the process of doing so has been slow and fraught with political and security concerns. However, the pressure on Biden to release individuals like al-Mihdhar is intensifying, with growing calls from human rights organizations, legal advocates, and lawmakers to address the injustices of Guantánamo Bay and move toward a more just and transparent approach to counterterrorism.
