In brief
A federal judge in Washington has issued a temporary restraining order preventing the deportation of Guatemalan migrant children currently in U.S. government custody. This decision follows a Labor Day operation by the Trump administration that sought to return these children to Guatemala. Advocates argue that many of these minors are fleeing violence and abuse, and have called for protections against their removal. The ruling extends to Sept. 16, as the court continues to examine this sensitive issue.
WASHINGTON (AP) — A federal judge has kept in place protective measures preventing the Trump administration from deporting Guatemalan migrant children currently in custody. Judge Timothy J. Kelly's ruling on Saturday ensures that these vulnerable minors, who traveled alone to the U.S. and are now residing in governmental shelters and foster care, will not be removed from the country.
The brief extension of protection came as Judge Kelly required additional time to review ongoing developments in the case, particularly after the government retracted its previous claims that these children's parents had requested their return to Guatemala during a hearing on September 10.
This legal situation arose after a controversial operation over Labor Day weekend, in which the Trump administration sought to deport dozens of Guatemalan migrant children. The operation, executed on August 30, involved notifying various shelters that children needed to be prepared for transportation back to Guatemala on short notice.
During the operation, Immigration and Customs Enforcement contractors collected the children from shelters and foster homes, planning to deport an initial list of 457 children, which eventually narrowed down to 327. Ultimately, 76 children boarded planes for departure before the intervention of advocates against their removal.
Children's advocates quickly filed suit, arguing that many of these minors escape violence or abuse, and expressed concern that the government was ignoring critical legal protections meant to safeguard young migrants from returning to hazardous conditions.
A Washington federal judge has now granted a 14-day temporary order that largely prohibits the Trump administration from proceeding with deportations, except in limited cases where an immigration judge has already cleared a child's removal based on a case review. Judge Kelly's order will remain effective until at least September 16.
The government maintained that it reserved the right to repatriate children, citing the Guatemalan administration's desire for minors to avoid transitioning into adult detention facilities upon reaching the age of 18.
Typically, unaccompanied minors crossing the border are transferred to the Office of Refugee Resettlement and placed in shelters until they are released to suitable sponsors, such as family members.
Advocates have requested extended protective measures for all migrant children in government custody while the legal proceedings continue, amidst worrying reports of potential deportations of Honduran children as well. The Washington court has yet to make a decision regarding this request.
Additionally, separate cases in Arizona and Illinois are addressing similar issues regarding the deportation of Guatemalan and Honduran children, although these are limited compared to the sweeping protections sought in Washington.
