Judge Halts Deportation of Guatemalan Migrant Children in U.S.

• Sep 01, 2025

A federal judge on Sunday blocked the Trump administration from deporting unaccompanied Guatemalan migrant children without deportation orders, just as flights prepared to take off from Texas. The last-minute ruling halted a plan that lawyers argued would bypass legal protections for vulnerable minors.

U.S. District Court Judge Sparkle Sooknanan issued the emergency order after learning that some children were already being boarded onto planes. Earlier, she had temporarily stopped the deportation of 10 children between ages 10 and 17, but expanded her ruling upon receiving reports that more minors were at risk of immediate removal.

During a hastily arranged hearing, Justice Department lawyer Drew Ensign admitted planes carrying children had been prepared for departure but said they remained on the ground. At Sooknanan’s direction, he confirmed that all children would be returned to the custody of the Department of Health and Human Services (HHS). By Sunday evening, 16 children had been placed back under HHS care, with the remaining minors expected by night.

According to the Justice Department, 76 unaccompanied children were slated for deportation that day, part of what lawyers said was a broader effort to send more than 600 minors to Guatemala. Attorneys argued this violated the Trafficking Victims Protection Reauthorization Act, which requires that unaccompanied children from non-bordering countries be allowed to appear before an immigration judge and apply for protection before removal.

Government lawyers countered that the children were not being formally deported but “repatriated” at the request of Guatemala and their families. Attorneys for the minors disputed this claim, noting that some parents had not consented to such returns. They warned that deported children could face abuse, neglect, or persecution back in Guatemala.

Judge Sooknanan acknowledged her order was “extraordinary,” but justified it, saying the government attempted to carry out removals in the “wee hours” of a holiday weekend. Her order will remain in effect for 14 days while the case proceeds.

Advocates criticized the administration’s plan, with Neha Desai of the National Center for Youth Law calling it both “unlawful and profoundly inhumane.”

Currently, about 2,000 unaccompanied children remain in HHS custody, where they are placed in shelters or foster care until age 18 or until a suitable U.S. sponsor is identified. Many of the children crossing the southern border come from Central America, often seeking asylum or protection visas after fleeing violence, abuse, or neglect.