ICE moves to deport Guatemalan children despite judge’s order

On Sunday, August 31, 2025, Judge Sparkle L. Sooknanan of the U.S. District Court for the District of Columbia issued an emergency temporary restraining order that paused the deportation of approximately 600 unaccompanied childrenfrom Guatemala. This came after a lawsuit was filed by the National Immigration Law Center (NILC) and other advocacy groups arguing that the administration was violating both constitutional rights and statutory protections that ensure such children have a chance to see an immigration judge before being removed.

Many of the children were placed on planes early Sunday morning—some already boarded and even airborne—when the judge, awakened around 2:30 a.m., acted to stop any further removal.

Court Hearing Highlights

• Judge Sooknanan emphasized her surprise and concern that these deportations were being attempted during a holiday weekend and in the early morning hours, giving families and their legal representatives no time to respond.

• Although the order initially targeted 10 named children (ages 10 to 17), it was swiftly expanded to apply to all unaccompanied Guatemalan minors in U.S. custody, understood to number in the hundreds.

• Justice Department attorney Drew Ensign told the court that the administration was unaware of the judge’s order when the children were loaded onto planes but confirmed the flights were halted and all minors were being returned to custody under the Office of Refugee Resettlement (ORR).

By evening, most children had been deplaned and were back in shelters or ORR custody—16 already returned and dozens more expected to follow shortly.

Legal and Human Rights Concerns

Advocacy groups argued that the administration’s actions violated the Trafficking Victims Protection Reauthorization Act, which mandates that children not from Mexico must have the chance to appear before an immigration court. Many of these children have reported fleeing abuse, neglect, or trafficking risks in Guatemala, and sending them back without due process could put them in serious danger.

“The Constitution and federal laws provide robust protections to unaccompanied minors specifically because of the unique risks they face,” stated Efrén C. Olivares, NILC’s Vice President of Litigation and Legal Strategy, affirming their intent to pursue a permanent injunction.

Administrative Response

The Trump administration characterized the removals not as deportations, but as family reunifications, claiming parents or guardians in Guatemala had requested the children’s return. Deputy White House Chief of Staff Stephen Millerdeclared on social media that “the minors have all self-reported that their parents are back home”—a claim disputed by the children’s lawyers in court.

Next Steps in the Legal Battle

Judge Sooknanan scheduled further proceedings and ordered the plaintiffs to file for a preliminary injunction by Tuesday, with the administration’s response due by Friday. A follow-up hearing is set for September 10, 2025.

Broader Continuities

This confrontation echoes a similar case from March, where the administration attempted to deport Venezuelans mid-flight while an emergency court appeal was unfolding—highlighting a pattern of aggressive deportation tactics against vulnerable migrant groups

 Source: THE WASHINGTON POST