
In an effort reminiscent of US President Donald Trump using the Alien Enemies Act to send hundreds of migrants to a Salvadoran prison, his administration just tried to deport more than 600 unaccompanied children to Guatemala over Labor Day weekend—though for now, a federal judge's order appears to have halted the plan, unlike last time.
CNN exclusively reported Friday morning that the Trump administration was "moving to repatriate hundreds of Guatemalan children" who arrived in the United States alone and were placed in the custody of the Office of Refugee Resettlement. Subsequent reporting confirmed plans to deport the kids, who are ages 10-17.
Fearing their imminent removal after the administration reportedly reached an agreement with the Guatemalan government, the National Immigration Law Center (NILC) launched a class action lawsuit around 1:00 am Sunday, seeking an emergency order that was granted just hours later by a federal judge in Washington, D.C.
"Plaintiffs have active proceedings before immigration courts across the country, yet defendants plan to remove them in violation of the Trafficking Victims Protection Reauthorization Act of 2008, the Immigration and Nationality Act, and the Constitution," NILC's complaint explains.
Efrén C. Olivares, vice president of litigation and legal strategy at the NILC, said that "it is a dark and dangerous moment for this country when our government chooses to target orphaned 10-year-olds and denies them their most basic legal right to present their case before an immigration judge."
"The Constitution and federal laws provide robust protections to unaccompanied minors specifically because of the unique risks they face," Olivares noted. "We are determined to use every legal tool at our disposal to force the administration to respect the law and not send any child to danger."
Politico's Kyle Cheney and Josh Gerstein reported on the judge's moves:
U.S. District Judge Sparkle Sooknanan issued the order just after 4:00 am Sunday, finding that the "exigent circumstances" described in the lawsuit warranted immediate action "to maintain the status quo until a hearing can be set."The judge, a Biden appointee, initially scheduled a virtual hearing on the matter for 3:00 pm Sunday, but later moved up the hearing to 12:30 pm after being notified that some minors covered by the suit were "in the process of being removed from the United States."
Sharing updates from the hearing on social media, Cheney reported that Sooknanan took a five-minute recess so that US Department of Justice attorney Drew Ensign could ensure that the details of her order reached the Trump administration—which is pursuing mass deportations. Ensign confirmed to the judge that while it's possible one plane took off and then returned, all the children are still in the United States.
Following the judge's intervention, NILC's Olivares said in a statement that "in the dead of night on a holiday weekend, the Trump administration ripped vulnerable, frightened children from their beds and attempted to return them to danger in Guatemala."
"We are heartened the court prevented this injustice from occurring before hundreds of children suffered irreparable harm," he added. "We are determined to continue fighting to protect the interest of our plaintiffs and all class members until the effort is enjoined permanently."
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