A federal judge blocked the Trump administration from deporting hundreds of Guatemalan minors, citing their fears of violence and neglect if returned to their home country.
According to Fox News, Judge Timothy Kelly issued the order after the government failed to substantiate claims that parents wanted their children returned. The Trump-appointed judge wrote that the administration's explanation "crumbled like a house of cards" when no evidence could be produced showing parents had requested their children's return.
The ruling came after federal authorities woke up 70 minors, aged 10 to 17, in the middle of the night over Labor Day weekend while they were in Health and Human Services custody and attempted to transfer them to a plane bound for Guatemala. Attorneys for the minors secured an emergency restraining order that prevented their immediate deportation.
Judge Kelly expressed skepticism about the removals during a hearing last week, highlighting declarations from minors who feared facing violence or neglect if returned to Guatemala. He emphasized that such circumstances constituted "irreparable harm" for the children involved in the case.
The judge also referenced a report from the Guatemalan attorney general's office, which plaintiffs submitted to the court. This report was compiled after the Office of Refugee Resettlement notified the Guatemalan government about plans to return more than 600 minors to Guatemala.
Department of Justice attorney Sarah Welch acknowledged during the hearing that she had no evidence to contradict the Guatemalan report. While she mentioned some children had expressed interest in returning home, she could not specifically contest the attorney general's findings that no parents had requested their children's return.
The lawsuit was initially addressed by Judge Sparkle Sooknanan on an emergency basis over Labor Day weekend before Judge Kelly took over the case. Sooknanan's initial restraining order drew criticism from Trump administration officials, including a Department of Homeland Security spokesperson.
DHS spokeswoman Tricia McLaughlin had claimed on social media that Judge Sooknanan was blocking flights meant to reunify Guatemalan children with their families. She called the judge's action "disgusting and immoral" and claimed the children would now have to go to shelters.
The minors' attorneys argued in court papers that trafficking and immigration laws prevent unaccompanied children from being "whisked off under cover of darkness at the whim of any government." They noted that the minors in question are currently in Health and Human Services custody and have no legal guardians in the United States.
Judge Kelly's order applies not just to the defendants identified in the lawsuit but to a whole class of minors. The judge observed that this class encompasses at least 300 or 400 Guatemalan minors who have not received final deportation orders from an immigration court.
The attorneys for the minors argued their clients were at imminent risk of removal despite some having pending asylum cases or other legal claims that had not been fully vetted by the courts. This argument appeared to resonate with Judge Kelly, who extended the protection indefinitely.
The Trump administration could appeal the decision, though no immediate comment was provided by the Department of Homeland Security, which is named in the lawsuit. The case highlights ongoing tensions in immigration enforcement policies, particularly regarding unaccompanied minors.
The judge's ruling reinforces existing legal protections for unaccompanied minors in the immigration system. These protections are designed to ensure children's safety and prevent them from being returned to dangerous situations without proper legal process.
Kelly's order specifically prevents the deportation of any unaccompanied minor from Guatemala who has not received final deportation orders from an immigration court. This provides a significant safeguard for hundreds of children currently in U.S. custody.
The case underscores the complex legal and humanitarian considerations involved in immigration enforcement, particularly when it involves minors who may face dangerous conditions if returned to their home countries. The court's decision prioritizes the safety and legal rights of these children while their immigration cases proceed through the system.