Further information unveiled concerning the 76 Guatemalan children whose expulsions were halted by a federal judge
In a tense legal standoff, attorneys for Guatemalan migrant children in the U.S. have asked a federal court to extend a temporary ban blocking their deportation. This request comes following the early morning emergency order imposed by U.S. District Judge Sparkle Sooknanan, which halted the deportations of Guatemalan minors for 14 days.
The move to deport these children was initiated by the Trump administration, with the U.S. government claiming that the Guatemalan families of the unaccompanied young migrants sought their return. However, immigration defense lawyers accuse the administration of flouting their legal obligations to unaccompanied children.
On Aug. 31, around 1:00 a.m., 76 Guatemalan minors were roused from their beds and brought onto three planes. One plane turned around after the judge's order temporarily blocked their deportation. The minors, originating from diverse backgrounds, describe being "terrified" of returning to Guatemala due to threats from gang members, previous human trafficking, and fear of abuse and neglect.
One child was so scared that she vomited during the deportation attempt, while another, who identifies as LGBTQ, fears being raped and forced into a marriage if returned to Guatemala. A 17-year-old boy said he was very scared and started to pray during the deportation attempt. One girl stated that she was physically and emotionally abused by both her parents.
The judge's order applies to all Guatemalan minors being held by the Office of Refugee Resettlement, which could be as many as 700 children. Lawyers for both sides will present more arguments to Judge Timothy Kelly, who is now overseeing the case, on Sept. 10 at the next court hearing.
Tricia McLaughlin, assistant secretary for the Department of Homeland Security, wrote that the move blocks "flights to reunify Guatemalan children with their families." However, immigration defense lawyers argue that the deportations violate the minors' due process rights and immigration and federal laws.
The case regarding the Guatemalan migrant children's deportation is shifting from U.S. District Judge Sparkle Sooknanan to U.S. District Judge Timothy Kelly. Legal challenges to efforts to deport Guatemalan children are also ongoing in Arizona and Illinois.
Efren Olivares, a lead attorney at the National Immigration Law Center, stated that the Trump administration ripped vulnerable children from their beds and attempted to return them to danger in Guatemala. Guatemalan President Bernardo Arevalo wants to prevent vulnerable children from being sent to ICE detention centers.
The case was briefed to congressional staffers by advocates, including the Young Center for Immigrant Children's Rights. Trump administration officials have denounced the judge's order stopping the deportations. The lawyers for the Trump administration must file an opposition to the request for an injunction by Sept. 6.
