Federal Judge Temporarily Blocks Trump Administration’s Repatriation of Unaccompanied Guatemalan Minors in U.S. Custody

In an unexpected development over the weekend, a federal judge temporarily halted the deportation of unaccompanied Guatemalan minors held in U.S. custody, as the administration was preparing to repatriate some of them late Saturday night.

Lawyers representing these children reported that they were woken up in the middle of the night and were at risk if returned to their home country. The news broke on Sunday morning, with CNN reporting that the Trump administration intended to send hundreds of unaccompanied Guatemalan children back to their homeland, in collaboration with the Guatemalan government.

During a court hearing on Sunday, Judge Sparkle L. Sooknanan, appointed by President Biden, expressed her concern about the early-morning deportations over a holiday weekend. She asked the Department of Justice (DOJ) to provide evidence that the children had been requested to return by their parents or legal guardians.

The DOJ lawyer, Drew Ensign, stated that he had been informed of this, but attorneys challenging the removals argued otherwise. The judge has given the government until Friday to submit a formal response regarding this matter. The plaintiffs have agreed to file an expedited motion for a preliminary injunction by Tuesday, with the DOJ’s reply due on the same day.

In her order, Sooknanan prohibited the U.S. government from deporting any of the individual plaintiffs or other unaccompanied Guatemalan minors in custody for two weeks. During the hearing, she inquired about the children’s whereabouts, some of whom had already been placed on planes and were expected to be returned to U.S. custody.

Reports suggest that at least one plane carrying Guatemalan children was turned around in Texas. Legal service providers who work with these children received a notice from the Office of Refugee Resettlement (ORR) stating that Guatemala had requested the return of certain unaccompanied alien children in federal custody for family reunification purposes.

These children, ranging in age, are believed to not have a parent in the U.S., though they may have a relative. They do not have a pending asylum case and are not at risk of trafficking upon their return, according to the notice. However, attorneys representing some of these children argue that they would be at risk if returned to Guatemala and are currently involved in ongoing immigration proceedings.

The lawsuit filed on Sunday aims to block this effort, claiming that the Trump administration is violating U.S. law, which provides special protections for unaccompanied migrants and ensures they aren’t deported without due process or the opportunity to seek relief from deportation. The White House, along with the departments of Health and Human Services and Homeland Security, have been contacted for comment on this matter.

The plaintiffs in this case, filed in the U.S. District Court for the District of Columbia, are ten unaccompanied minors from Guatemala, aged between 10 and 17, who have been identified for removal, and most of whom are currently involved in ongoing immigration proceedings. One of these children, a 10-year-old indigenous child, suffered abuse and neglect in Guatemala, as her mother has passed away.

The immigration attorney representing several Guatemalan children told CNN that these children were “terrified and confused” upon being informed about the deportation. They expressed disbelief and fear at the prospect of returning to Guatemala for various reasons. The children were reportedly taken out of their beds in the middle of the night on a holiday weekend, according to the attorney.

Late Saturday, ORR also notified shelter providers who care for unaccompanied migrant children that some kids had been identified “for reunification with their parents and or legal guardians” in their country of origin and should be prepared to be discharged within two hours, or four hours if the child is in a foster care program, upon receiving notification. The children must be travel-ready, including proper documentation, medication, personal belongings, and two prepared sack lunches.