Judge Blocks Deportation of Guatemalan Migrant Children Amid Legal Challenges

WASHINGTON (AP) — A federal judge has issued a temporary ruling to stop the Trump administration from deporting Guatemalan migrant children currently in government custody. Judge Timothy J. Kelly’s order on Saturday prevents the removal of children who arrived in the U.S. alone and are residing in shelters and foster care until at least Sept. 16.

This decision follows an operation over Labor Day weekend, wherein the administration attempted to deport dozens of these children. Immigration advocates responded by filing a lawsuit, stating that many of these minors are fleeing violence and abuse in their home country.

In his ruling, Judge Kelly noted that he needed more time to assess the developing facts of the case before a scheduled hearing on Sept. 10. The government had previously claimed that the parents of the children requested their return, but this assertion later faced scrutiny.

The court’s decision is a response to a late-night operation on Aug. 30, when the administration alerted shelters housing unaccompanied minors that they should prepare children for deportation. Immigration and Customs Enforcement contractors transported several children to the airport for flights back to Guatemala.

The government identified 457 children for possible removal, though this number dwindled to 327. Ultimately, 76 minors boarded flights in El Paso and Harlingen, Texas, on the morning of Aug. 31.

Immigration advocates quickly intervened, arguing that the deportation plans violated legal protections designed to safeguard vulnerable children. The advocates point out that children often face dangerous situations upon returning to their home countries.

Judge Kelly’s ruling includes a temporary restraining order that allows the government to deport children only in cases where an immigration judge has already authorized such action. This order has been extended to provide critical legal protections until further decisions are made.

The government maintains that it has the authority to return children in its care and cites pressure from the Guatemalan government, which expressed concern about minors aging out of care and potentially facing detention.

Children who enter the U.S. alone are generally placed under the Office of Refugee Resettlement’s care within the Health and Human Services Department. They typically reside in shelters until a relative or sponsor can take custody.

Advocates are now seeking broader protections for all children in government custody while the case unfolds and have expressed fears that the government may similarly target Honduran children. The court has yet to rule on these extended requests, while similar legal actions are underway in Arizona and Illinois.