Federal Judge Orders Guatemalan Children to Remain, Citing Strong Court Case

Federal Judge Halts Deportation of Guatemalan Children

A federal judge has issued a ruling that prevents the deportation of hundreds of Guatemalan children currently residing in the United States. The decision, made by Judge Timothy Kelly, a Trump appointee, comes after the Trump administration attempted to remove these children since Labor Day weekend. The court’s injunction prohibits the government from deporting the children until the case is fully resolved.

Judge Kelly's decision was based on the argument that the government violated the Trafficking Victims Protection Reauthorization Act of 2008, which requires unaccompanied minors to be placed in removal court procedures before being deported. The government had claimed it had the right under this law to repatriate the children. However, Kelly stated that the plaintiffs are likely to succeed in their argument.

“This was a tragedy in the making that was barely averted thanks to the tireless efforts of advocates across the country who saw that children were being endangered and raised the alarm,” said Shaina Aber, executive director of Acacia Center for Justice, an organization that provides legal services to unaccompanied minors.

The ruling affects approximately 327 children, many of whom live in San Antonio and Texas. The government attempted to immediately deport 76 children during the long Labor Day weekend but was stopped by emergency restraining orders. These orders have now been replaced by the new ban.

An estimated 18 more Guatemalan children remain in San Antonio shelters or long-term federal foster placements, bringing the total number to over 30. Advocates have warned that the government may also attempt to deport children from Honduras and El Salvador, though the current ruling only applies to Guatemalan children.

The Trump administration has presented several legal arguments during three federal court hearings. These included requests from the Guatemalan government and the children’s own desires to return to their home country. However, Judge Kelly noted that there was no evidence showing that any child in the proposed class wanted to return to Guatemala, even if their parents could be located.

Advocates have criticized the government’s claims, questioning the legitimacy of the extrajudicial deportation attempts. Court filings indicate that some children expressed fear for their lives at the thought of returning to Guatemala. In his order, Kelly highlighted several children who described dire situations, including parental neglect, abandonment, and fear of violent drug dealers. One child reportedly said that the conditions she would face in Guatemala would cause her to kill herself.

Kelly also criticized the government’s portrayal of its process for contacting the children’s parents before selecting them for deportation. According to court documents, out of 609 Guatemalan children identified in the U.S., only about 50 to 57 parents were willing to welcome their children back. Even within this small group, none of the parents requested their child’s return.

The court ordered the children’s lawyers to post a $1 bond. This move comes as the Trump administration has been trying to limit the ability of immigration judges to release detained migrants on bond.

Whistleblower Allegations

In another filing, a law firm representing government whistleblowers claimed that their clients had firsthand knowledge of the government misleading the judge in the case. A September 6 court filing by acting director of the Office of Refugee Resettlement, Angie Salazar, stated that all 327 Guatemalan children identified for return had been screened for safety.

However, a letter filed with the federal court by attorneys for the Government Accountability Project contradicted this claim. The letter stated that ORR found at least 30 out of a sample of 50 children had indicators of victimization, including trafficking and child abuse. The letter argued that Salazar knew or should have known of the inaccuracies in her declaration.

The 76 children who were taken by government contractors to Harlingen before their flight to Guatemala was canceled ranged in age from seven to 17. Kica Matos, president of the National Immigration Law Center, which represents the children in the case, called the report deeply concerning and highlighted a disturbing pattern of the government misrepresenting facts in the case.

Ongoing Legal Battles

The legal battle continues as the court remains focused on ensuring the safety and well-being of the children involved. Advocacy groups and legal teams are working tirelessly to protect the rights of these minors and prevent what they describe as unjust and dangerous deportations. As the case moves forward, further developments are expected to shape the future of these children’s lives.