The repatriation of Guatemalan children currently in US government custody is anticipated to commence on Sunday, according to a notification sent to attorneys. This announcement has sparked a frantic response among lawyers, who express concern that the children were abruptly awakened in the middle of the night and face significant risks if returned to their home country of Guatemala.
CNN was the first to report that the Trump administration is making moves to repatriate hundreds of Guatemalan children who arrived in the United States unaccompanied. This effort is being coordinated with the Guatemalan government. However, a federal judge issued a temporary block on the removal of unaccompanied Guatemalan minors in US custody early Sunday, even though plans for repatriation appeared to be progressing, as indicated by an immigration attorney representing some of the affected children.
The Office of Refugee Resettlement, which oversees the care of migrant children, informed legal service providers that Guatemala had formally “requested the return of certain unaccompanied alien children in federal custody for the purposes of reunifying them with suitable family members.” This notice, obtained by CNN, raises alarms among attorneys who argue that the children at risk of repatriation do not have a parent in the US, although some may have relatives there, while their parents or legal guardians reside in Guatemala.
Additionally, the criteria for repatriation stipulates that these children should not have a pending asylum case and must not face the threat of trafficking upon their return. Legal representatives of the affected children contend that many of those identified for removal are currently involved in ongoing immigration proceedings and are thus at risk if sent back to Guatemala.
In response to the swift actions of the administration, attorneys filed a lawsuit early Sunday aimed at blocking the repatriation efforts. They argue that the Trump administration is violating US law, which provides special protections for unaccompanied minors, ensuring that these children are not removed without due process or without the opportunity to seek relief from deportation.
CNN reached out to the White House, along with the Departments of Health and Human Services and Homeland Security, for comments regarding this situation. The plaintiffs in the case, filed in the US District Court for the District of Columbia, consist of ten unaccompanied minors from Guatemala, aged between 10 and 17, who have been flagged for removal. Most of these minors are currently navigating immigration proceedings.
One plaintiff, a 10-year-old indigenous child, has reportedly “suffered abuse and neglect from other caregivers” in Guatemala, and her mother is deceased. Judge Sparkle L. Sooknanan has issued an order preventing the US government from removing any of the individual plaintiffs for two weeks, with a hearing scheduled for Sunday afternoon.
According to an immigration attorney representing several Guatemalan minors, the children are “terrified and confused.” The attorney described their reaction upon learning about the impending repatriation as one of disbelief and fear. “They all say they’re afraid to return to Guatemala for different reasons,” the attorney emphasized. “They were literally taken out of their beds in the middle of the night, on a holiday weekend.”
Late Saturday, the Office of Refugee Resettlement also notified shelter providers caring for unaccompanied migrant children that certain kids had been identified “for reunification with their parents and/or legal guardians” in Guatemala. They must be prepared to be discharged within two hours—or four hours if the child is in a foster care program—upon receiving notification. This notice indicates that the children must be travel-ready, which includes having proper documentation, medication, personal belongings, and two prepared sack lunches.
The situation remains fluid, and the implications of the repatriation efforts on the lives of these vulnerable children continue to unfold. As lawyers and advocates work diligently to protect the rights of unaccompanied minors, the urgency of ensuring their safety and well-being remains paramount.
