U.S. Judge Sparkle Sooknanan Temporarily Blocks Deportation of Unaccompanied Guatemalan Children

WASHINGTON, Sept. 1, 2025 - In the early hours of Monday, U.S. District Judge Sparkle L. Sooknanan issued an emergency temporary restraining order halting the Trump administration’s plan to deport hundreds of unaccompanied children to Guatemala. The order applies both to ten minors named as plaintiffs and, subsequently, to all Guatemalan children in federal custody without final removal orders.
At approximately 1:00 a.m. EDT on Labor Day weekend, lawyers from the National Immigration Law Center filed an emergency motion, alerting the court that children as young as ten had already been boarded onto planes at airports in Harlingen and El Paso, Texas. Judge Sooknanan, who was awakened shortly thereafter, convened a hearing at 2:35 a.m., describing the government’s overnight efforts as “surprising” and “requiring swift judicial intervention” to ensure due process and safeguard vulnerable minors.
During the hearing, the Department of Justice informed the court that one flight may have taken off but later returned under the judge’s order. Justice Department attorney Drew Ensign stated no child had been permanently removed, though some remained on tarmacs. Sooknanan demanded immediate assurances that all children would be disembarked and returned to U.S. Health and Human Services shelters pending further proceedings.
Background and Legal Arguments The Trump administration had struck an agreement with Guatemala to repatriate unaccompanied minors, citing requests from parents or guardians in Guatemala. Immigration advocates, however, argued that the transfer program circumvented longstanding federal protections for vulnerable children and violated the Trafficking Victims Protection Reauthorization Act and the Immigration and Nationality Act. The lawsuit contends that abrupt removals denied minors their right to seek asylum or a hearing before an immigration judge.
Ruling Details and Next Steps Judge Sooknanan’s initial order covered ten named plaintiffs ages 10 to 17 and imposed a 14-day nationwide halt on deportations of Guatemalan children in HHS custody. She later expanded the scope to include all such minors not subject to enforceable final removal orders. A follow-up hearing has been scheduled to determine whether to extend the restraining order or issue a preliminary injunction.
Stephen Miller, White House Deputy Chief of Staff, criticized the decision on social media, asserting that parents in Guatemala had requested reunification and decrying the court’s intervention as hindering family reunification efforts. Immigration advocates counter that true reunification must occur only after fair legal review and with full protections in place.
The emergency ruling represents a significant check on the administration’s immigration enforcement policies and underscores ongoing legal battles over the treatment of unaccompanied minors at the U.S. border.
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