Immigration rights attorneys made a plea in a Washington, D.C. court on Wednesday, asking a federal judge to halt the Trump administration’s plans to deport hundreds of minors from Guatemala. They argue that these children, aged 10 to 17, could face neglect or persecution if returned home, despite ongoing asylum cases and other legal claims waiting for review.
According to the lawyers, current laws aim to protect unaccompanied children, ensuring they aren’t just sent back at the government’s discretion. The minors are currently under health and welfare custody, with no legal guardians present in the U.S.
The legal team is seeking a long-term injunction against Judge Sparkle Sooknanan’s emergency order, which was issued over the holiday weekend to prevent deportations that could occur in a two-week timeframe. This order was activated after reports that dozens of minors had been moved from Health and Human Services (HHS) to immigration custody and were on a flight to Guatemala.
The lawsuit highlights the potential risk to approximately 600 minors, and it drew attention due to the judge’s initial order aimed at curtailing the Trump administration’s immediate deportation plans.
Judge Sooknanan’s directives closely follow another controversial order from a D.C. judge in March, which sought to bring back alleged gang members to the U.S. In an effort to clarify her intent, Judge Sooknanan made her position clear over the Labor Day weekend, ordering the return of minors to HHS and requesting frequent updates from the Department of Justice during the process.
This lawsuit was initiated by ten Guatemalan minors living in the U.S. without guardians or proper documentation. Their lawyers emphasized that these are vulnerable children deserving of special protections. They criticized the Trump administration for allegedly disregarding laws and constitutional protections in its deportation efforts.
Judge Sooknanan has allowed the class action suit to extend beyond the ten initial plaintiffs, encompassing all minors currently in HHS custody. Following Labor Day, the case was handed over to Judge Timothy Kelly, another appointee of Trump, who has scheduled a hearing for next week regarding a new request for an interim injunction.
An immigration lawyer revealed that he learned through media reports about ICE’s intention to deport the minors back to Guatemala.
Federal authorities are reportedly “waking up their children at night and exposing them to the trauma of imminent removal,” as noted in court documents. One lawyer argued that the court’s intervention was crucial in preventing these children from being swiftly deported while still on a tarmac in Texas.
During an urgent hearing, a lawyer from the DOJ claimed that the Guatemalan government had asked for the return of the young migrants, asserting that these children have parents or guardians waiting in Guatemala.
In response, a spokesperson from the Department of Homeland Security expressed strong disapproval of the restraining order, characterizing it as “abhorrent” and suggesting that DHS’s goal is to reunite the children with their relatives. Tricia McLaughlin, speaking for DHS, remarked on the unfortunate situation, stating that the kids now face the prospect of being housed in shelters, calling the whole situation both “disgusting” and “immoral.”
