A federal judge issued an emergency ruling on August 31, temporarily blocking the Trump administration’s attempt to deport hundreds of unaccompanied Guatemalan children, some of whom were already aboard planes prepared for takeoff.
The lawsuit was filed in the early morning hours of August 31, at approximately 1 a.m. in the U.S. District Court for the District of Columbia. The case involves ten unaccompanied Guatemalan minors, ranging in age from 10 to 17, who are represented by the Young Center for Immigrant Children’s Rights as their next friend.
According to court documents, the Trump administration had identified more than 600 Guatemalan children for potential deportation as part of what was described as a “first of its kind pilot program” negotiated with the Guatemalan government. The children were currently in the custody of the Office of Refugee Resettlement (ORR), a component of the Department of Health and Human Services responsible for caring for unaccompanied minors.
The administration argued that the operation was intended to reunite these children with their families in Guatemala, claiming they were acting at the request of the Guatemalan government. The Guatemalan government later confirmed in a statement that it had suggested the repatriation of unaccompanied minors during discussions with Secretary Noem.
The lawsuit alleges violations of the Due Process Clause of the Fifth Amendment, arguing that the children were being deprived of their right to pursue asylum claims and other forms of immigration relief before immigration courts. The complaint notes that in some instances, the government simply removed minors’ pending cases from immigration court dockets in preparation for summary removal.
The legal challenge also includes an Equal Protection claim, arguing that the government’s targeting of Guatemalan children for removal constitutes unlawful discrimination based on national origin. The complaint contends that such discrimination is subject to strict scrutiny under constitutional law.
U.S. District Judge Sparkle Sooknanan received a call at 2:36 a.m. from attorneys representing the children, who reported that flights were scheduled to depart within 2-4 hours. The judge initially issued a temporary restraining order at 4 a.m. to prevent the removal of 10 named plaintiffs, but the scope of the emergency quickly expanded.
Judge Sooknanan issued a comprehensive 14-day temporary restraining order prohibiting the government from removing any unaccompanied Guatemalan children from ORR custody who do not have final removal orders. The judge specifically ordered that “these children are going to be deplaned. They’re going to be returned to ORR custody. And no attempts will be made to remove them from ORR custody and remove them to Guatemala, in light of my order, while these preliminary emergency proceedings are pending.”
The D.C. case is part of a broader legal effort, with at least three separate lawsuits filed in different jurisdictions including Arizona, Illinois, and Washington, D.C.. All cases seek to prevent the government from deporting Guatemalan children who lack final removal orders.
The temporary restraining order remains in effect for 14 days from the August 31 ruling, during which time the parties must brief their positions for further court consideration.
