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Executive Order 13492: Review and Disposition of Individuals Detained At the Guantánamo Bay Naval Base and Closure of Detention Facilities

President: Barack Obama

Ordered review of every Guantánamo detention and sought closure of the detention facilities within one year, a deadline that was not met.

Status: Revoked. Is Executive Order 13492 still in effect? No. Executive Order 13492 was revoked. See Executive Order 13823: Protecting America Through Lawful Detention of Terrorists, Federal Register record.

What does Executive Order 13492 do?

EO 13492 created an interagency review of Guantánamo cases, required humane conditions and directed closure of detention facilities within one year. Transfers, prosecutions and releases proceeded, but Congress restricted transfers and the prison did not close. EO 13823 later revoked the closure section while retaining lawful detention operations.

Administration position: The order set an executive policy goal; it did not itself release detainees or override statutory transfer restrictions and court process.
SignedJanuary 22, 2009
Closure targetWithin one year
ResultDeadline not achieved

Before and after

Before the order

Guantánamo detention decisions had accumulated under earlier wartime processes.

After the order

Interagency teams reviewed each case, while legal and congressional constraints shaped outcomes.

Who had to do what

Agency / officeActionTiming / position
Review task forceAssess status and disposition of each detaineeCompleted
Defense SecretaryEnsure lawful and humane confinementContinuing under later policy
DepartmentsArrange transfers or proceedings where approvedCase-specific

What happened next

EO 13492 ordered review and closure.

Closure deadline passed with the facility still operating.

The Guantánamo Review Task Force issued its final report.

EO 13823 revoked section 3, the closure command.