Judge Kelly Extends Block on Deporting Guatemalan Migrant Children

WASHINGTON - U.S. District Judge Timothy J. Kelly on Friday ordered the Trump administration to continue refraining from deporting unaccompanied Guatemalan children who are still in active immigration proceedings, sharply criticizing the government’s unsupported claim that parents had requested their return.

The ruling holds significant weight as it indefinitely maintains a preliminary injunction first issued on Labor Day weekend, preventing mass removals of vulnerable minors before their legal cases conclude.

Nut Graf

By siding with advocates for due process, Judge Kelly underscored that federal law requires rigorous safeguards for unaccompanied alien children-a requirement the administration appeared to bypass amid a late-night repatriation effort. His decision highlights judicial oversight over immigration policies affecting minors.

Key Details

Class Certification: Kelly provisionally certified a class of Guatemalan children in U.S. custody who lack final removal orders or voluntary-departure permissions.
“House of Cards” Finding: He wrote that the government’s assertion of parental requests “crumbled like a house of cards” after Guatemala’s attorney general reported most parents were unreachable and those contacted did not seek their children’s return.
Midnight Operation: Evidence showed dozens of minors were roused from beds, transported to airports before dawn, and in some cases boarded onto planes, leaving them frightened and confused.
Legal Context: Under the Trafficking Victims Protection Reauthorization Act, unaccompanied minors must receive full immigration hearings-a standard Kelly deemed overlooked in the administration’s haste.

What’s Next

The administration may appeal Kelly’s injunction, but for now, Guatemalan children in federal shelters or foster care will remain under U.S. oversight until their cases resolve. Advocacy groups view the ruling as a critical check on executive actions involving children in immigration custody.