As tents went up in Guantanamo Bay, Cuba to hold migrants, attorneys at the Department of Homeland Security and Pentagon were still trying to determine whether it was legal to take the unprecedented step of flying migrants from the US southern border to the facility,

The US has sent the first group of migrants to Guantanamo Bay since President Donald Trump announced plans to expand migrant detention at the base, officials say. A brief statement from the Department of Homeland Security (DHS) said the detainees were part of the Tren de Aragua - a gang that originated in Venezuela's prisons.

U.S. Immigration and Customs Enforcement is releasing some migrant detainees because of a lack of space to hold them. ICE detention facilities are at 109% capacity, according to internal Department of Homeland Security data.

U.S. Immigration and Customs Enforcement (ICE) has been releasing migrant detainees due to limited capacity in detention centers, according to a report from CBS News.

U.S. Immigration and Customs Enforcement's detention systems are full, so much of the agency is releasing some migrant detainees. Internal government statistics show that ICE facilities were at 109% capacity this week.