A federal judge has temporarily blocked the Trump administration from deporting potentially hundreds of unaccompanied Guatemalan minors after raising sharp questions about the legality of the government’s actions.
On Sunday, U.S. District Judge Sparkle Sooknanan issued an emergency order halting all deportation efforts after learning that children were already being placed on flights back to Guatemala.
“The Court ORDERS that the Defendants cease any ongoing efforts to transfer, repatriate, remove, or otherwise facilitate the transport of any Plaintiff or member of the putative class from the United States,” Judge Sooknanan wrote in her order.
The putative class includes all Guatemalan unaccompanied minors in the custody of the Department of Health and Human Services’ Office of Refugee Resettlement (ORR) as of 1:02 a.m. on August 31, 2025, who do not yet have executable final orders of removal.
Children Taken Off Planes, Returned to ORR Custody
Deputy Assistant Attorney General Drew Ensign confirmed Sunday evening that all children scheduled for deportation had been deplaned and were in the process of being returned to ORR custody.
Attorney Efrén Olivares, who represents the children, pushed the judge to keep the emergency hearing active until all children were confirmed safely off the flights. He warned that in past cases, “allegations of confusion and misunderstanding have resulted in irreparable harm.”
This episode echoed a March 2025 controversy, when several Venezuelan migrants were deported to El Salvador’s CECOT prison under the Alien Enemies Act despite a judge’s restraining order.
Judge Expresses Skepticism of Government’s Case
During the emergency hearing, Judge Sooknanan openly questioned the administration’s rationale.
“We are here on a holiday weekend where I have the government attempting to remove unaccompanied minors from the country in the wee hours of the morning … which is surprising, but here we are,” she remarked.
The Trump administration argued that the deportations were legal and conducted at the request of the Guatemalan government and the children’s guardians.
“The government of Guatemala has requested the return of these children and all of these children have their parents or guardians in Guatemala who are requesting their return,” Ensign said.
But Olivares disputed that claim, stressing that many children do not have parents, have expressed fear of returning, or have suffered abuse from family members in Guatemala.
More Than 600 Children Potentially at Risk
The National Immigration Law Center (NILC), which filed the lawsuit, said over 600 Guatemalan minors could be affected. Many of these children are indigenous and speak rare languages, making them more vulnerable to being misled.
In court filings, NILC revealed that shelters in South Texas had already been notified to prepare children for “discharge,” with ICE agents attempting to pick them up as early as Sunday morning.
One child at the center of the lawsuit is a 10-year-old indigenous girl whose mother is deceased. Court documents say she suffered abuse and neglect at the hands of relatives and fears being returned to Guatemala.
Judge Sooknanan read from declarations submitted by several minors, noting that “every one of these 10 declarants speak about being afraid of going back to Guatemala.”
Legal and Human Rights Concerns
Olivares blasted the administration’s approach, saying:
“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 NILC argued that deporting children without allowing them to present asylum claims or seek other forms of relief violates U.S. law and international obligations protecting unaccompanied minors.
Under current law, children arriving in the U.S. without guardians are supposed to be given the chance to argue their case in front of an immigration judge before being removed.
Next Steps in Court
The Trump administration maintains that its actions comply with immigration law, but Judge Sooknanan’s temporary restraining order halts deportations until the court can fully assess the legality of the removals.
For now, all Guatemalan minors remain in ORR custody as the legal fight continues. Immigration advocates say the case could set a precedent for how future administrations handle vulnerable migrant children, especially in cases involving international government requests.
