On 18 September, the US District Court for the District of Columbia issued a preliminary injunction preventing the expulsion of unaccompanied Guatemalan children without due process. The ruling followed government attempts to remove at least 76 children overnight on 30–31 August. Children in the custody of the Office of Refugee Resettlement (ORR), the federal agency responsible for unaccompanied minors, were woken in the middle of the night and placed on planes to Guatemala. The removals were halted at 4:30 a.m. on 31 August after an emergency court challenge.
Court filings revealed that the expulsions formed part of “phase one” of a wider plan to repatriate 327 Guatemalan children. Of the approximately 2,000 unaccompanied children in ORR care, between 600 and 700 are Guatemalan, many from Indigenous communities. Under US law, unaccompanied children from non-contiguous states, such as Guatemala, are entitled to removal proceedings before an immigration judge, including the right to pursue asylum or other protections. Neither US nor international law permits summary expulsions of children or return to a country where they may face persecution or torture. The injunction therefore prohibits removal of Guatemalan children without either a final removal order from an immigration judge or voluntary departure approved by the Attorney General.
The litigation also highlighted concerns about the US government’s approach. None of the 327 children identified for removal had final removal orders, and many had pending asylum or child protection claims. A whistleblower complaint suggested that at least 30 of the children had been flagged in ORR’s own records with indicators of abuse, including exposure to gang violence and human trafficking.
The court’s ruling underscores the unlawfulness of bypassing statutory protections for unaccompanied children and ensures that they continue to have access to legal proceedings and safeguards against unlawful return. Advocates have urged the administration to abandon plans for summary expulsions, to prioritise safe placement of children with US-based relatives or foster families, and to ensure adequate legal and social support while proceedings are ongoing.