A federal judge on Sunday blocked the Trump administration’s plan to return 76 unaccompanied illegal immigrant children found at the U.S. southern border to Guatemala.
U.S. District Judge Sparkle Sooknanan sided with attorneys for the children, who argued that returning them to Guatemala would put them at risk. The Justice Department maintained that the children were being reunited with their parents and guardians.
“Here, Plaintiff children have demonstrated clear and irreparable harms if removed to Guatemala,” Sooknanan, a Biden appointee, wrote. “Several plaintiffs lack guardians who can provide safety and care. Many fear return and wish to continue pursuing their asylum claims before the immigration courts. Facing risks of persecution and torture. Further, Defendants have failed to comply with legal obligations to ensure safe repatriation to Guatemala.”
Sooknanan claimed that the Trump administration was discriminating against the children based on their nationality and had not given them due process.
Justice Department lawyer Drew Ensign stated that the parents or guardians of the children had requested the return of their children. The kids are being represented by the Young Center for Immigrant Children’s Rights.
“These are not removals under the statute,” he said. “These are repatriations. All of these children have parents or guardians in Guatemala who have requested their return.”
The Associated Press reported that many of the children set to be returned to Guatemala had already boarded their planes and were awaiting takeoff when the judge’s order came through.
White House Deputy Chief of Staff Stephen Miller ripped into the judge for the decision.
“The Biden judge is effectively kidnapping these migrant children and refusing to let them return home to their parents in their home country,” he posted on X.
Under President Joe Biden, the number of unaccompanied children encountered at the U.S. southern border surged. More than 500,000 children were found at the border under Biden, according to numbers released by Sen. Chuck Grassley (R-IA). Of those children, the Department of Homeland Security failed to properly track at least 233,000, while tens of thousands were released to unrelated sponsors or distant relatives.