US Judge Halts Trump Administration’s Expedited Expulsion of Guatemalan Children
WASHINGTON, D.C. – A federal judge in Washington, D.C. temporarily blocked the Trump administration’s attempt to expel unaccompanied Guatemalan children just before 4:30 a.m.on August 31, halting what officials described as the “frist phase” of a plan to “repatriate” 327 children.The injunction prevents the removal of all unaccompanied Guatemalan children in the custody of the Office of Refugee Resettlement (ORR) without final orders of removal from an immigration judge or approval from the US Attorney General for voluntary departure.
The attempted expulsion followed an agency order and involved placing children on planes bound for Guatemala. Lawyers representing the children swiftly challenged the removals, leading to the court intervention.
According to a sworn declaration by Acting ORR director Angie Salazar, the government intended to repatriate the 327 children as part of a broader effort impacting a meaningful portion of the unaccompanied minors in ORR custody. Approximately 600 to 700 of the roughly 2,000 unaccompanied children currently held by ORR are Guatemalan, many of whom are Indigenous.
The legal challenge centers on due process rights. US federal law stipulates that unaccompanied children from noncontiguous countries,like Guatemala,are entitled to full and fair removal proceedings,including an individual hearing before an immigration judge. Court filings indicate that none of the 327 children targeted for repatriation had received such final removal orders. Some have pending claims for asylum or other protections available to children who have experienced abuse, neglect, or abandonment.
Furthermore, both US and international law prohibit returning individuals to countries where they face persecution or torture. A recent whistleblower complaint alleges that at least 30 of the 327 children flagged in ORR’s database showed indicators of abuse, including gang violence and human trafficking.
Advocates are urging the trump administration to cease attempts at summary expulsion and instead focus on safely placing unaccompanied children with family members or host families within the United States, while providing necesary care, legal support, and protection.
