On September 18, a federal judge in Washington, DC, delivered a crucial ruling that blocks the U.S. government’s efforts to expel unaccompanied Guatemalan children from the country. This decision comes in response to an alarming incident where the Trump administration attempted to forcibly remove at least 76 children during the night of August 30 to 31, prompting immediate legal action.
The U.S. Office of Refugee Resettlement (ORR), the agency tasked with the care of unaccompanied minors, was involved in this chaotic expulsion attempt. On that fateful night, children housed in various shelters and foster care programs were abruptly awakened and prepared to board planes destined for Guatemala. However, lawyers quickly intervened, and the judge issued a temporary halt to these removals just before 4:30 a.m. on August 31, allowing time for legal proceedings to unfold.
Acting ORR director Angie Salazar revealed in a sworn statement that this attempted expulsion was just “phase one” of a broader government initiative aimed at “repatriating” a total of 327 unaccompanied Guatemalan children. Currently, around 2,000 unaccompanied minors are in ORR custody, with an estimated 600 to 700 hailing from Guatemala, many of whom belong to Indigenous communities.
The legal framework surrounding this issue is clear: both U.S. and international human rights laws prohibit the expulsion of children seeking safety without due process. Under U.S. law, unaccompanied minors from noncontiguous countries, such as Guatemala, are entitled to comprehensive removal proceedings, which include a fair hearing before an immigration judge.
The preliminary injunction issued by the court now protects all unaccompanied Guatemalan children in ORR custody, preventing their removal without a final order from an immigration judge or explicit permission from the U.S. Attorney General to voluntarily depart. Court documents indicate that none of the 327 children targeted for repatriation had received final removal orders from an immigration judge. Many of these children have ongoing claims for asylum or other forms of legal protection due to experiences of abuse, neglect, or abandonment.
Upholding both U.S. and international law, the government is legally obligated not to return individuals to countries where they may face persecution or torture. A recent whistleblower complaint has raised serious concerns, revealing that at least 30 of the 327 children marked for removal were flagged in ORR’s own database as having been victims of indicators of abuse, including gang violence and human trafficking.
It is imperative that the Trump administration ceases its attempts to summarily expel these vulnerable children. Instead, the ORR should focus on safely placing unaccompanied minors with family members or host families in the U.S. who can provide the necessary care and support. In the interim, it is crucial that the ORR ensures these children receive adequate care, protection, and access to legal and social support services, affording them the dignity and safety they deserve as they navigate the complexities of seeking refuge in a foreign land.
