A U.S. federal judge has delivered a strong rebuke to the Trump administration’s recent attempt to deport unaccompanied Guatemalan minors currently in U.S. custody, blocking the removals and underscoring key legal and humanitarian failures.
Judge Timothy J. Kelly, appointed by President Trump, issued a ruling that continues to block the deportation of Guatemalan minors who still have active immigration cases. The case centers on an operation that attempted, on August 31, to fly out 76 children from shelters in Texas back to Guatemala — many in the pre-dawn hours, without adequate notice or preparation.
The government’s justification was that the parents of these children had requested their return. But the judge found this claim to be substantially unsupported. In court, it was revealed that:
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Most parents could not even be contacted.
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Of those who were contacted, many opposed the idea of having their children returned to Guatemala.
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In fact, the judge used vivid language: the government’s argument that parents requested the return “crumbled like a house of cards.”
Beyond the question of parental request, the process itself had serious issues: children were awakened from shelters at night, transported to airports without explanation, and in many cases were distressed, confused, and fearful. One child in a Texas shelter was reported to have vomited after being told to prepare for deportation.
Legally, the judge emphasized that unaccompanied children are protected by U.S. law (including the Trafficking Victims Protection Reauthorization Act) and may not be deported while their cases are pending, or without a final removal order or voluntary departure, meaning due process must be honored.
Many advocates hailed the decision as a necessary check on executive power and a protection for vulnerable children. They say this ruling highlights an essential tension in U.S. border and immigration policy: balancing enforcement with legal obligations and humanitarian standards.