Future ISIS detainees would be taken to the Guantanamo Bay prison under a a nearly completed executive order by President Donald Trump's administration.
The plan to bring Islamic State detainees to the U.S. military prison near the eastern tip of Cuba has been a consistent in the draft order that has gone through numerous changes since it has circulated to national security officials for comment, The New York Times reported.
The White House allegedly dropped ideas of reopening CIA prisons and permitting interrogators to use harsher techniques than those now allowed in the Army Field Manual, according to the Times.
The Obama administration tried, but failed, to close the prison during the eight years of his administration, but attempted to move a number of prisoners out of the facility before Trump took office, according to CNN.
Navy Capt. John Filostrat, the spokesman for the facility, told reporters Wednesday that things have not change so far since Trump has been in office, National Public Radio reported.
"We haven't received any orders to take additional detainees in," Filostrat said, according to NPR. "But if given the order, we could go ahead and comply."
Some sources in the New York Times report argued that bringing ISIS fighters to Guantanamo could present legal risk. The Obama administration argued in 2014 that the Islamic State was part of the existing armed conflict that Congress authorized in 2001 against al-Qaida and the Taliban. But some now dispute that theory since ISIS has been separated from al-Qaida for more than a decade, the Times wrote.
"It raises huge legal risks," Jack Goldsmith, a Harvard Law School professor and former senior Justice Department official in the Bush administration, told the Times. "If a judge says the Sept. 11 authorization does not cover such a detention, it would not only make that detention unlawful, it would weaken the legal basis for the entire war against the Islamic State."
National Public Radio wrote that the Obama administration had dwindled the number of prisoners at Guantanamo from 242 in 2008 to 60 as of last November.
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