Judge blocks deportation of Guatemalan children under Trump policy
3 Min Read
A US federal judge has blocked the Trump administration from deporting nearly 700 unaccompanied Guatemalan children under the protection of US immigration law.
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Guatemalans deported from the U.S. stand in line after deplaning at La Aurora International Airport in Guatemala City, Wednesday, Aug. 4, 2021 (AP)
On Sunday, August 31, Judge Sparkle L. Sooknanan issued an emergency order halting the deportation of hundreds of Guatemalan children. The ruling came after immigrant rights lawyers said the Trump administration was preparing to fly nearly 700 minors, ages 10 to 17, back to Guatemala without giving them the chance to pursue asylum or other protections.
The judge confirmed her order applied broadly to all Guatemalan minors arriving in the US without parents or guardians, ensuring that they remain under the custody of the Office of Refugee Resettlement (ORR) for at least 14 days while legal challenges proceed.
Lawyers for the children argued that US President Donald Trump's administration lacked authority to remove them, accusing officials of bypassing immigration court processes. They said deportations would violate legal protections afforded to unaccompanied minors.
The attorneys also accused the administration of transferring children from ORR custody to Immigration and Customs Enforcement (ICE) in order to expedite deportations to Guatemala, where many minors risk abuse, neglect, or persecution.
Read more: Supreme Court clears fast-track deportations to random third countries
Conflicting narratives between the government and advocates
Government lawyers maintained that the children were not being deported, but “reunited” with parents or guardians at their request, a claim strongly disputed by advocates. Judge Sooknanan noted inconsistencies in the government’s explanation, saying its account “doesn’t quite line up” with what children’s lawyers had presented.
Similar emergency lawsuits were filed in other states, including Arizona and Illinois, underscoring the growing national fight over US immigration and deportation policies.
At Harlingen airport in Texas, buses carrying migrant children were seen pulling up to waiting aircraft as federal agents and security personnel prepared for takeoff. Planes sat with engines running before the judge’s order forced officials to remove the children and return them to ORR custody.
According to Senator Ron Wyden, the Trump administration had struck an agreement with Guatemala to facilitate the return of unaccompanied minors. Guatemala confirmed its readiness to receive the children.
Read more: Trump administration goes after 2-year-old amid immigration crackdown
Human rights concerns and legal protections
Advocacy groups, including the National Immigration Law Center and the Young Center for Immigrant Children’s Rights, filed complaints describing the deportations as a “clear violation” of protections for vulnerable children.
They argued that deporting minors without proper hearings strips them of legal rights guaranteed under US immigration law. Many of the children already have active cases pending in immigration courts.
The case highlights mounting legal and political scrutiny of Trump’s immigration policy, particularly the deportation of unaccompanied minors. While the administration has defended its actions as lawful, rights advocates insist that deportations to Guatemala under these conditions put children at risk of harm and undermine the principles of due process in US immigration.
