A federal judge prevented the U.S. government from repatriating some Guatemalan minors in its custody, citing the possibility that the Trump administration may be violating its legal and constitutional rights.
Thursday’s decision by Judge Timothy Kelly suspends deportations while the court evaluates a lawsuit arguing that minors who have not received a final deportation order or permission from the attorney general to voluntarily leave the United States must have access to all immigration procedures under federal law.
Kelly, appointed by President Donald Trump, questioned the government’s handling of the operation.
“The conduct of the defendants does not inspire confidence that they themselves are convinced that they have the authority to proceed as they wish,” Kelly wrote. If your legal authority is so wrong, why exercise it in the middle of the night of a holiday weekend, with nothing more than a night warning (or in the morning) to the guardians and advocates of the children?
Kelly also added: “The defendants should not interpret this decision as an invitation to take similar measures about these other unaccompanied migrant minors.”
The lawsuit, filed by the National Immigration Law Centre, includes 10 Guatemalan children between the ages of 10 and 17, most of whom have ongoing migration processes. Lawyers argued that minors – including a 10-year-old indigenous child who had been mistreated in Guatemala – would face serious risks if returned.
The statements presented in the case described children, confused and frightened, when they were taken from their beds. In a hostel, a girl was so scared she vomited. A 17-year-old recalled being woken at 2 a.m. and said he felt he lost his breath. Another minor told the court she feared suicide if forced to return.
CNN sought comment from the Justice Department and the Department of Health and Human Services.
Kelly emphasized that Congress had created a specific process to handle unaccompanied minors and that government night flights appeared to evade those rules. The plaintiffs also face irreparable harm in the absence of a court order. And the balance of interests supports granting relief now,” he wrote.
“Today’s court decision is a significant victory for the hundreds of children who are now safe from the Trump administration’s illegal attempt to expel them from the United States,” Ephreen C said. Olivares, vice president of litigation and legal strategy at the National Immigration Law Center.
This decision should send a clear message to the Government that it does not have the legal authority to evade the law and expel unaccompanied minors without due process, Olivares added.
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