— U.S. District Court Judge Sparkle Sooknanan issued an emergency 14‑day order on Sunday stopping the Trump administration from sending any unaccompanied Guatemalan children out of the United States without a formal deportation order, just as planes in Texas were prepared to depart with minors on board. The Justice Department was instructed to immediately halt the removals and return the children to federal care.
Key Takeaways
- A 14‑day temporary restraining order blocks the removal of unaccompanied Guatemalan children who lack deportation orders.
- The ruling came as flights with children aboard were poised to take off from Texas; government counsel said planes were still on U.S. soil.
- An earlier overnight order protected an initial group of 10 children, ages 10–17; the later order broadened protections to similarly situated minors.
- Justice Department attorney Drew Ensign said one plane may have taken off but returned; children were to be deplaned and sent back to HHS custody.
- Plaintiffs allege the administration intended to send more than 600 minors to Guatemala without allowing them to seek humanitarian protection.
- Government officials characterize the effort as “repatriation” to reunite children with relatives at the request of families and Guatemala’s government.
- Advocates cite the Trafficking Victims Protection Reauthorization Act (TVPRA), which requires access to immigration court and protection screenings for non‑Mexican unaccompanied children.
- Roughly 2,000 unaccompanied children are currently in the care of the Department of Health and Human Services (HHS).
Verified Facts
In the early hours of Sunday, Judge Sooknanan granted a temporary restraining order to stop the removal of 10 Guatemalan children, ages 10 to 17, after lawyers said the government was moving quickly to deport them. She initially scheduled an afternoon hearing to determine next steps.
Later that morning, after being alerted that removals were already in motion, Sooknanan expedited the hearing and announced a broader order: no unaccompanied children from Guatemala in U.S. custody could be removed absent a deportation order. She directed Justice Department lawyer Drew Ensign to immediately notify officials and halt the flights.
Ensign told the court that deportation flights had been readied for Sunday departures but were “on the ground” and still within the United States. He added he believed one flight had briefly taken off and returned. At the judge’s request, he confirmed children would be deplaned and returned to HHS custody, which is responsible for caring for unaccompanied minors.
HHS typically places unaccompanied children in licensed shelters or foster care until they turn 18 or can safely join a vetted sponsor in the United States, often a family member.
The judge described the order as “extraordinary” but said it was warranted because the government had moved to carry out removals “in the wee hours” of a holiday weekend.
Context & Impact
Attorneys for the children allege the administration set in motion a plan to deport more than 600 minors to Guatemala without giving them the chance to request asylum or other protections—steps they say are required by the TVPRA for non‑Mexican unaccompanied minors. Some of the children targeted, they say, already have pending immigration cases.
The Justice Department maintains the government was not executing formal deportations under immigration statutes, but rather repatriations to reunify children with relatives in Guatemala, purportedly at the request of family members and Guatemalan authorities. Children’s advocates dispute that this applies universally, citing at least one case in which parents had not sought repatriation.
The dispute goes to the heart of how U.S. law treats unaccompanied children at the border. Under the TVPRA, these minors are typically transferred to HHS custody, screened for trafficking or persecution risks, and allowed to present claims—often asylum or Special Immigrant Juvenile Status—before any removal.
The TRO pauses the flights for 14 days while the court weighs further action. The outcome could shape how the administration uses “repatriation” authorities and how those powers intersect with TVPRA protections and due process in immigration court.
By the numbers
- Initial protected group: 10 children (ages 10–17)
- Alleged broader target group: more than 600 minors
- Duration of TRO: 14 days
- Children currently in HHS care: about 2,000
Official Statements
Attempting to return children who have already filed protection claims is unlawful and deeply inhumane, advocates said.
Neha Desai, National Center for Youth Law
Explainer
Unconfirmed
- Whether any flight definitively departed and returned on Sunday (the government’s attorney said he believed one did).
- The total number of children the administration intended to place on flights to Guatemala (advocates estimate more than 600).
- The extent to which the Guatemalan government or individual families requested repatriation in each case.
- The date of the next court hearing and whether the TRO will be extended or converted into a preliminary injunction.
Bottom Line
The court’s emergency order forced a last‑minute stand‑down of flights carrying unaccompanied Guatemalan children and reasserted that, absent a deportation order, these minors cannot be sent out of the country without due process. The coming hearings will test the limits of the government’s repatriation authority and could set a precedent for how protections for unaccompanied children are applied in practice.