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lite.cnn.com - on gopher - inofficial
ARTICLE VIEW:
Judge blocks removal of Guatemalan children in US custody, some of whom
were already on planes
By Priscilla Alvarez, Angelica Franganillo Diaz, Betsy Klein, CNN
Updated:
12:45 PM EDT, Mon September 1, 2025
Source: CNN
A federal judge on Sunday afternoon temporarily blocked the removals of
unaccompanied Guatemalan minors in US custody as the government was in
the process of repatriating some of them in the early morning hours.
A notice sent to attorneys about the removals prompted an early Sunday
morning scramble among lawyers who say kids were woken up in the middle
of the night and would be at risk if returned to their home country.
CNN first that the Trump administration was moving to repatriate
hundreds of Guatemalan children who arrived in the US unaccompanied, in
coordination with the Guatemalan government.
During a Sunday hearing, Judge Sparkle L. Sooknanan, a Biden appointee,
said she received a call around 2:36 a.m. notifying her that the
children were being processed for repatriation to Guatemala.
“I have the government attempting to remove unaccompanied minors from
the country in the wee hours of the morning on a holiday weekend, which
is surprising, but here we are,” she said.
Sooknanan asked the Department of Justice to provide evidence
supporting its claim that the children had been requested to return by
their parents or legal guardians.
DOJ attorney Drew Ensign told the court, “That’s what I’ve been
told,” while attorneys challenging the removals argued that was
false. The judge gave the government until Friday to file a formal
response to that question. The plaintiffs agreed to file an expedited
motion for a preliminary injunction by Tuesday, with DOJ’s reply due
Friday.
Sooknanan reiterated her order that the US government not remove any of
the individual plaintiffs or other unaccompanied Guatemalan minors in
US custody, who she ruled were part of the class protected under the
order, for two weeks. During the hearing, Sooknanan asked the
Department of Justice’s lawyer to clarify the children’s
whereabouts, some of whom had already been placed on planes.
The Justice Department said in a court filing on Monday that the 74
minors, who had been on planes to be repatriated Sunday, are now back
in US government custody.
“We are heartened the Court prevented this injustice from occurring
before hundreds of children suffered irreparable harm. We are
determined to continue fighting to protect the interest of our
plaintiffs and all class members until the effort is enjoined
permanently,” said Efrén C. Olivares, vice president of litigation
and legal strategy at the National Immigration Law Center, which filed
the lawsuit.
Legal service providers who work with children were notified by the
Office of Refugee Resettlement, which is charged with the care of
migrant kids, that Guatemala had “requested the return of certain
unaccompanied alien children in federal custody for the purposes of
reunifying the UAC with suitable family members,” according to a
notice obtained by CNN.
The children, ranging in age, are believed to not have a parent in the
US, though they may have a relative, and have a parent or legal
guardian in Guatemala. The criteria also includes children who do not
have a pending asylum case and won’t be trafficked upon their return,
according to the notice.
But attorneys who represent some of the children say that those who
have been identified are at risk if returned to Guatemala and are in
ongoing immigration proceedings.
In the lawsuit filed Sunday, attorneys argued that the Trump
administration is violating US law, which affords unaccompanied
migrants special protections and ensures kids aren’t removed without
due process or the opportunity to seek relief from deportation.
CNN reached out to the departments of Health and Human Services and
Homeland Security for comment.
White House deputy chief of staff Stephen Miller criticized
Sooknanan’s ruling Sunday, writing in a , “The Biden judge is
effectively kidnapping these migrant children and refusing to let them
return home to their parents in their home country.”
The plaintiffs in the case, which was filed in the US District Court
for the District of Columbia, are 10 unaccompanied minors from
Guatemala, ranging from ages 10 to 17, who have been identified for
removal, and the majority of whom are in ongoing immigration
proceedings.
One of those children, a 10-year-old indigenous child, “suffered
abuse and neglect from other caregivers” in Guatemala. Her mother is
deceased.
The immigration attorney who represents multiple Guatemalan kids told
CNN that the children were “terrified and confused.”
“The reaction when you explain what’s happening is disbelief.
They’re very scared. They all say they’re afraid to return to
Guatemala for different reasons,” the attorney said. “They were
literally taken out of their beds in the middle of the night, on a
holiday weekend.”
Late Saturday, the Office of Refugee Resettlement also notified shelter
providers who care for unaccompanied migrant children that kids had
been identified “for reunification with their parents and or legal
guardians” in country of origin and must be prepared to be discharged
within two hours, or four hours if the child is in a foster care
program, upon receiving notification, according to a notice obtained by
CNN.
The children, the notice states, must be travel ready, including proper
documentation, medication, personal belongings, and two prepared sack
lunches.
Guatemalan President Bernardo Arévalo announced that his government is
ready to receive the minors, with a capacity to handle 150 weekly. This
decision comes as part of a coordinated effort with the US government,
he said.
“We are prepared to receive them. Our programming allows us to
receive approximately 150 children per week under ideal conditions,
facilitating their safe relocation. The exact number depends on our
capacity to identify family members and ensure a secure return,”
Arévalo said.
This story and headline have been updated with additional details.
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