(COVER PHOTO CREDIT: John Moore/Getty Images via CNN Newsource)
(CNN) — A federal judge on Sunday afternoon temporarily blocked the removals of unaccompanied Guatemalan minors in US custody as the government was in the process of repatriating some of them in the early morning hours.
A notice sent to attorneys about the removals prompted an early Sunday morning scramble among lawyers who say kids were woken up in the middle of the night and would be at risk if returned to their home country.
CNN first reported that the Trump administration was moving to repatriate hundreds of Guatemalan children who arrived in the U.S. unaccompanied, in coordination with the Guatemalan government.
During a Sunday hearing, Judge Sparkle L. Sooknanan, a Biden appointee, said she received a call around 2:36 a.m. notifying her that the children were being processed for repatriation to Guatemala.
“I have the government attempting to remove unaccompanied minors from the country in the wee hours of the morning on a holiday weekend, which is surprising, but here we are,” she said.
Sooknanan asked the Department of Justice to provide evidence supporting its claim that the children had been requested to return by their parents or legal guardians.
DOJ attorney Drew Ensign told the court, “That’s what I’ve been told,” while attorneys challenging the removals argued that was false. The judge gave the government until Friday to file a formal response to that question. The plaintiffs agreed to file an expedited motion for a preliminary injunction by Tuesday, with DOJ’s reply due Friday.
Sooknanan reiterated her order that the U.S. government not remove any of the individual plaintiffs or other unaccompanied Guatemalan minors in US custody, who she ruled were part of the class protected under the order, for two weeks. During the hearing, Sooknanan asked the Department of Justice’s lawyer to clarify the children’s whereabouts, some of whom had already been placed on planes.
The Justice Department said in a court filing on Monday that the 74 minors, who had been on planes to be repatriated Sunday, are now back in U.S. government custody.
“We are heartened the Court prevented this injustice from occurring before hundreds of children suffered irreparable harm. We are determined to continue fighting to protect the interest of our plaintiffs and all class members until the effort is enjoined permanently,” said Efrén C. Olivares, vice president of litigation and legal strategy at the National Immigration Law Center, which filed the lawsuit.
Legal service providers who work with children were notified by the Office of Refugee Resettlement, which is charged with the care of migrant kids, that Guatemala had “requested the return of certain unaccompanied alien children in federal custody for the purposes of reunifying the UAC with suitable family members,” according to a notice obtained by CNN.
The children, ranging in age, are believed to not have a parent in the U.S., though they may have a relative, and have a parent or legal guardian in Guatemala. The criteria also includes children who do not have a pending asylum case and won’t be trafficked upon their return, according to the notice.
But attorneys who represent some of the children say that those who have been identified are at risk if returned to Guatemala and are in ongoing immigration proceedings.
In the lawsuit filed Sunday, attorneys argued that the Trump administration is violating U.S. law, which affords unaccompanied migrants special protections and ensures kids aren’t removed without due process or the opportunity to seek relief from deportation.
CNN reached out to the departments of Health and Human Services and Homeland Security for comment.
White House deputy chief of staff Stephen Miller criticized Sooknanan’s ruling Sunday, writing in an internet post, “The Biden judge is effectively kidnapping these migrant children and refusing to let them return home to their parents in their home country.”
The plaintiffs in the case, which was filed in the U.S. District Court for the District of Columbia, are 10 unaccompanied minors from Guatemala, ranging from ages 10 to 17, who have been identified for removal, and the majority of whom are in ongoing immigration proceedings.
One of those children, a 10-year-old indigenous child, “suffered abuse and neglect from other caregivers” in Guatemala. Her mother is deceased.
The immigration attorney who represents multiple Guatemalan kids told CNN that the children were “terrified and confused.”
“The reaction when you explain what’s happening is disbelief. They’re very scared. They all say they’re afraid to return to Guatemala for different reasons,” the attorney said. “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 who care for unaccompanied migrant children that kids had been identified “for reunification with their parents and or legal guardians” in country of origin and must be prepared to be discharged within two hours, or four hours if the child is in a foster care program, upon receiving notification, according to a notice obtained by CNN.
The children, the notice states, must be travel ready, including proper documentation, medication, personal belongings, and two prepared sack lunches.
Guatemalan President Bernardo Arévalo announced that his government is ready to receive the minors, with a capacity to handle 150 weekly. This decision comes as part of a coordinated effort with the US government, he said.
“We are prepared to receive them. Our programming allows us to receive approximately 150 children per week under ideal conditions, facilitating their safe relocation. The exact number depends on our capacity to identify family members and ensure a secure return,” Arévalo said.
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