Tuesday, 02 January 2024 12:17 GMT

Judge Orders 14-Day Reprieve For 600 Guatemalan Children Facing Deportation


(MENAFN- Live Mint) A US federal judge on Sunday (August 31) ordered an emergency halt to the Trump administration's plan to deport more than 600 unaccompanied Guatemalan children, some of whom had already been placed on planes. The decision came after immigrant advocacy groups sued, calling the move illegal.

“I do not want there to be any ambiguity,” said Judge Sparkle L. Sooknanan, stressing that her order applied broadly to Guatemalan minors who crossed the border without their parents or guardians. The judge gave a 14-day reprieve, directing that the children be returned to the custody of the Office of Refugee Resettlement (ORR).

Advocates cite legal protections

According to the suit, attorneys from the National Immigration Law Center argued that US immigration laws specifically exempt unaccompanied children from expedited removal and guarantee them full legal protections, including hearings before an immigration judge.

Risk of persecution

“All unaccompanied children - regardless of the circumstances of their arrival to the United States - receive the benefit of full immigration proceedings,” the lawyers wrote in their filing. They warned that the administration's unannounced plan not only violated federal law but also put children at risk of being returned to a country where they may face persecution.

Senator Wyden raises alarm

Senator Ron Wyden pressed the Office of Refugee Resettlement to scrap the deportation plans, warning they would violate the agency's“child welfare mandate and this country's long-established obligation to these children.” Writing to Angie Salazar, acting director of the office, Wyden stressed: "Unaccompanied children are some of the most vulnerable children entrusted to the government's care. In many cases, these children and their families have had to make the unthinkable choice to face danger and separation in search of safety.”

Whistleblower accounts

Wyden's letter, citing whistleblowers, said children without a parent, legal guardian, or active asylum case“will be forcibly removed from the country.” He added that the move“threatens to separate children from their families, lawyers, and support systems ... and to disappear vulnerable children beyond the reach of American law and oversight.”

Immigration crackdown context

The plan comes amid the Trump administration 's wider enforcement push, including ramped-up deportations , ending legal protections for some migrants, and surging officers to cities like Chicago for immigration crackdowns .

Also Read | Chicago Mayor Brandon Johnson rejects Trump's immigration crackdown plan Guatemala's role

In July, Guatemala Immigration Institute Director Danilo Rivera confirmed plans to repatriate 341 unaccompanied minors from US facilities before they turned 18 to avoid adult detention. President Bernardo Arévalo defended the effort, saying the government had a“moral and legal obligation” to advocate for the children. His remarks came shortly after US Homeland Security Secretary Kristi Noem's visit to Guatemala.

What happens to children at the border

Unaccompanied migrant children are typically placed under the care of the Office of Refugee Resettlement after being apprehended at the US-Mexico border. They are housed in shelters or foster care until released to a sponsor, often a family member. Children may apply for asylum, special immigrant juvenile status, or visas for victims of trafficking and exploitation.

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