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Migrants deported from the United States in a military plane arrive at La Aurora International Airport in Guatemala City, Guatemala on January 30, 2025.
"It is a dark and dangerous moment for this country when our government chooses to target orphaned 10-year-olds and denies them their most basic legal right to present their case before an immigration judge," a lawyer said.
In an effort reminiscent of US President Donald Trump using the Alien Enemies Act to send hundreds of migrants to a Salvadoran prison, his administration just tried to deport more than 600 unaccompanied children to Guatemala over Labor Day weekend—though for now, a federal judge's order appears to have halted the plan, unlike last time.
CNN exclusively reported Friday morning that the Trump administration was "moving to repatriate hundreds of Guatemalan children" who arrived in the United States alone and were placed in the custody of the Office of Refugee Resettlement. Subsequent reporting confirmed plans to deport the kids, who are ages 10-17.
Fearing their imminent removal after the administration reportedly reached an agreement with the Guatemalan government, the National Immigration Law Center (NILC) launched a class action lawsuit around 1:00 am Sunday, seeking an emergency order that was granted just hours later by a federal judge in Washington, D.C.
"Plaintiffs have active proceedings before immigration courts across the country, yet defendants plan to remove them in violation of the Trafficking Victims Protection Reauthorization Act of 2008, the Immigration and Nationality Act, and the Constitution," NILC's complaint explains.
Efrén C. Olivares, vice president of litigation and legal strategy at the NILC, said that "it is a dark and dangerous moment for this country when our government chooses to target orphaned 10-year-olds and denies them their most basic legal right to present their case before an immigration judge."
"The Constitution and federal laws provide robust protections to unaccompanied minors specifically because of the unique risks they face," Olivares noted. "We are determined to use every legal tool at our disposal to force the administration to respect the law and not send any child to danger."
Politico's Kyle Cheney and Josh Gerstein reported on the judge's moves:
U.S. District Judge Sparkle Sooknanan issued the order just after 4:00 am Sunday, finding that the "exigent circumstances" described in the lawsuit warranted immediate action "to maintain the status quo until a hearing can be set."
The judge, a Biden appointee, initially scheduled a virtual hearing on the matter for 3:00 pm Sunday, but later moved up the hearing to 12:30 pm after being notified that some minors covered by the suit were "in the process of being removed from the United States."
Sharing updates from the hearing on social media, Cheney reported that Sooknanan took a five-minute recess so that US Department of Justice attorney Drew Ensign could ensure that the details of her order reached the Trump administration—which is pursuing mass deportations. Ensign confirmed to the judge that while it's possible one plane took off and then returned, all the children are still in the United States.
Following the judge's intervention, NILC's Olivares said in a statement that "in the dead of night on a holiday weekend, the Trump administration ripped vulnerable, frightened children from their beds and attempted to return them to danger in Guatemala."
"We are heartened the court prevented this injustice from occurring before hundreds of children suffered irreparable harm," he added. "We are determined to continue fighting to protect the interest of our plaintiffs and all class members until the effort is enjoined permanently."
Dear Common Dreams reader, It’s been nearly 30 years since I co-founded Common Dreams with my late wife, Lina Newhouser. We had the radical notion that journalism should serve the public good, not corporate profits. It was clear to us from the outset what it would take to build such a project. No paid advertisements. No corporate sponsors. No millionaire publisher telling us what to think or do. Many people said we wouldn't last a year, but we proved those doubters wrong. Together with a tremendous team of journalists and dedicated staff, we built an independent media outlet free from the constraints of profits and corporate control. Our mission has always been simple: To inform. To inspire. To ignite change for the common good. Building Common Dreams was not easy. Our survival was never guaranteed. When you take on the most powerful forces—Wall Street greed, fossil fuel industry destruction, Big Tech lobbyists, and uber-rich oligarchs who have spent billions upon billions rigging the economy and democracy in their favor—the only bulwark you have is supporters who believe in your work. But here’s the urgent message from me today. It's never been this bad out there. And it's never been this hard to keep us going. At the very moment Common Dreams is most needed, the threats we face are intensifying. We need your support now more than ever. We don't accept corporate advertising and never will. We don't have a paywall because we don't think people should be blocked from critical news based on their ability to pay. Everything we do is funded by the donations of readers like you. When everyone does the little they can afford, we are strong. But if that support retreats or dries up, so do we. Will you donate now to make sure Common Dreams not only survives but thrives? —Craig Brown, Co-founder |
In an effort reminiscent of US President Donald Trump using the Alien Enemies Act to send hundreds of migrants to a Salvadoran prison, his administration just tried to deport more than 600 unaccompanied children to Guatemala over Labor Day weekend—though for now, a federal judge's order appears to have halted the plan, unlike last time.
CNN exclusively reported Friday morning that the Trump administration was "moving to repatriate hundreds of Guatemalan children" who arrived in the United States alone and were placed in the custody of the Office of Refugee Resettlement. Subsequent reporting confirmed plans to deport the kids, who are ages 10-17.
Fearing their imminent removal after the administration reportedly reached an agreement with the Guatemalan government, the National Immigration Law Center (NILC) launched a class action lawsuit around 1:00 am Sunday, seeking an emergency order that was granted just hours later by a federal judge in Washington, D.C.
"Plaintiffs have active proceedings before immigration courts across the country, yet defendants plan to remove them in violation of the Trafficking Victims Protection Reauthorization Act of 2008, the Immigration and Nationality Act, and the Constitution," NILC's complaint explains.
Efrén C. Olivares, vice president of litigation and legal strategy at the NILC, said that "it is a dark and dangerous moment for this country when our government chooses to target orphaned 10-year-olds and denies them their most basic legal right to present their case before an immigration judge."
"The Constitution and federal laws provide robust protections to unaccompanied minors specifically because of the unique risks they face," Olivares noted. "We are determined to use every legal tool at our disposal to force the administration to respect the law and not send any child to danger."
Politico's Kyle Cheney and Josh Gerstein reported on the judge's moves:
U.S. District Judge Sparkle Sooknanan issued the order just after 4:00 am Sunday, finding that the "exigent circumstances" described in the lawsuit warranted immediate action "to maintain the status quo until a hearing can be set."
The judge, a Biden appointee, initially scheduled a virtual hearing on the matter for 3:00 pm Sunday, but later moved up the hearing to 12:30 pm after being notified that some minors covered by the suit were "in the process of being removed from the United States."
Sharing updates from the hearing on social media, Cheney reported that Sooknanan took a five-minute recess so that US Department of Justice attorney Drew Ensign could ensure that the details of her order reached the Trump administration—which is pursuing mass deportations. Ensign confirmed to the judge that while it's possible one plane took off and then returned, all the children are still in the United States.
Following the judge's intervention, NILC's Olivares said in a statement that "in the dead of night on a holiday weekend, the Trump administration ripped vulnerable, frightened children from their beds and attempted to return them to danger in Guatemala."
"We are heartened the court prevented this injustice from occurring before hundreds of children suffered irreparable harm," he added. "We are determined to continue fighting to protect the interest of our plaintiffs and all class members until the effort is enjoined permanently."
In an effort reminiscent of US President Donald Trump using the Alien Enemies Act to send hundreds of migrants to a Salvadoran prison, his administration just tried to deport more than 600 unaccompanied children to Guatemala over Labor Day weekend—though for now, a federal judge's order appears to have halted the plan, unlike last time.
CNN exclusively reported Friday morning that the Trump administration was "moving to repatriate hundreds of Guatemalan children" who arrived in the United States alone and were placed in the custody of the Office of Refugee Resettlement. Subsequent reporting confirmed plans to deport the kids, who are ages 10-17.
Fearing their imminent removal after the administration reportedly reached an agreement with the Guatemalan government, the National Immigration Law Center (NILC) launched a class action lawsuit around 1:00 am Sunday, seeking an emergency order that was granted just hours later by a federal judge in Washington, D.C.
"Plaintiffs have active proceedings before immigration courts across the country, yet defendants plan to remove them in violation of the Trafficking Victims Protection Reauthorization Act of 2008, the Immigration and Nationality Act, and the Constitution," NILC's complaint explains.
Efrén C. Olivares, vice president of litigation and legal strategy at the NILC, said that "it is a dark and dangerous moment for this country when our government chooses to target orphaned 10-year-olds and denies them their most basic legal right to present their case before an immigration judge."
"The Constitution and federal laws provide robust protections to unaccompanied minors specifically because of the unique risks they face," Olivares noted. "We are determined to use every legal tool at our disposal to force the administration to respect the law and not send any child to danger."
Politico's Kyle Cheney and Josh Gerstein reported on the judge's moves:
U.S. District Judge Sparkle Sooknanan issued the order just after 4:00 am Sunday, finding that the "exigent circumstances" described in the lawsuit warranted immediate action "to maintain the status quo until a hearing can be set."
The judge, a Biden appointee, initially scheduled a virtual hearing on the matter for 3:00 pm Sunday, but later moved up the hearing to 12:30 pm after being notified that some minors covered by the suit were "in the process of being removed from the United States."
Sharing updates from the hearing on social media, Cheney reported that Sooknanan took a five-minute recess so that US Department of Justice attorney Drew Ensign could ensure that the details of her order reached the Trump administration—which is pursuing mass deportations. Ensign confirmed to the judge that while it's possible one plane took off and then returned, all the children are still in the United States.
Following the judge's intervention, NILC's Olivares said in a statement that "in the dead of night on a holiday weekend, the Trump administration ripped vulnerable, frightened children from their beds and attempted to return them to danger in Guatemala."
"We are heartened the court prevented this injustice from occurring before hundreds of children suffered irreparable harm," he added. "We are determined to continue fighting to protect the interest of our plaintiffs and all class members until the effort is enjoined permanently."