❓WHAT HAPPENED: A federal judge blocked the Trump administration from deporting certain Guatemalan minors.
👤WHO WAS INVOLVED: Judge Timothy Kelly, the Trump administration, the Guatemalan minors, and their attorneys.
📍WHEN & WHERE: The order was issued on Thursday, following a Labor Day weekend action where minors were moved to a plane bound for Guatemala, but an emergency order blocked their deportation.
🎯IMPACT: The decision halts the deportation of these minors indefinitely, though the Trump administration is likely to appeal.
On Thursday, U.S. District Court Judge Timothy Kelly issued an order blocking the deportation of a groups of Guatemalan minors, citing potential harm if they were returned to their home country. The case arose after federal authorities moved 70 minors, aged 10 to 17, from Health and Human Services (HHS) custody to a plane bound for Guatemala over Labor Day weekend, with plans to deport over 600 in total.
The Trump administration initially claimed the minors were being reunited with their parents, but declarations from the minors alleged fears of violence or neglect upon their return. A report from the Guatemalan attorney general’s office, submitted to the court, confirmed that no parents had requested the return of their children. “I don’t have anything specific that I can refer to contest the Guatemalan AG’s report,” said Sarah Welch, a U.S. Department of Justice (DOJ) attorney.
Attorneys for the migrants secured an emergency restraining order from District Court Judge Sparkle Sooknanan during Labor Day weekend, which was later extended indefinitely by Judge Kelly. The attorneys argued that trafficking and immigration laws prohibit unaccompanied children from being deported in such a manner, especially when some have pending asylum cases or unresolved legal claims.
Department of Homeland Security (DHS) Assistant Secretary Tricia McLaughlin criticized the initial restraining order, claiming it prevented the reunification of children with their families. “Judge Sparkle [Sooknanan] is blocking flights to *reunify* Guatemalan children with their families,” McLaughlin wrote on social media. She added, “Now these children have to go to shelters. This is disgusting and immoral.”
The minors remain in HHS custody without legal guardians in the United States. The Trump administration is likely to appeal the decision.
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