Newsweek: Trump-Appointed Judge Says Admin Argument ‘Crumbled Like a House of Cards’
By Gabe Whisnant
A federal judge on Thursday blocked the Trump administration from immediately deporting Guatemalan migrant children who entered the United States alone, halting an aggressive effort to send them back to their home country.
The ruling marks the latest chapter in a legal battle over one of the most contentious issues in President Donald Trump’s hard-line immigration agenda.
Why It Matters
The decision, handed down by U.S. District Judge Timothy J. Kelly, came in response to the administration’s attempt over Labor Day weekend to deport Guatemalan minors living in government-run shelters and foster care facilities.
What To Know
Trump officials argued that the plan was intended to reunite children with parents who supposedly wanted them returned home. But Judge Kelly sharply rejected that reasoning.
“But that explanation crumbled like a house of cards about a week later,” wrote Kelly, who was appointed by President Trump during his first term. “There is no evidence before the Court that the parents of these children sought their return.”
Before Thursday’s ruling, a temporary order had already been preventing the removal of Guatemalan children. That order, however, was set to expire Tuesday. Kelly, himself a Trump appointee, granted a preliminary injunction that extends the protection indefinitely, though the government retains the right to appeal.
While the judge preserved safeguards for Guatemalan children, he declined to broaden the ruling to cover minors from other countries. He noted, however, that any attempt to remove those children in a similar manner “would likely be unlawful.”
Other federal courts have weighed in on related cases. Judges in Arizona and Illinois have issued temporary restraining orders as well, though those rulings cover a narrower group of children. The broader Washington case, advocates argue, underscores the national significance of Kelly’s decision.
The legal clash followed a late-night government operation on Aug. 30. Shelters housing migrant children were abruptly notified that Guatemalan minors in their care would be returned within hours. Immigration and Customs Enforcement (ICE) contractors arrived to collect children from shelters and foster homes, transporting them to airports. Court filings revealed that the administration had initially identified 457 Guatemalan children for deportation. That number was later reduced to 327, and on Aug. 31, 76 children boarded planes in El Paso and Harlingen, Texas, bound for Guatemala as part of what officials described as a “first phase.”
Immigration and children’s rights advocates quickly filed lawsuits, seeking to block the deportations. They argued that many of the minors were escaping abuse or violence in their home country and that the administration was sidestepping longstanding legal protections designed to prevent young migrants from being returned to dangerous conditions.
In response, another federal judge in Washington issued a temporary restraining order that largely prohibited the deportation of Guatemalan minors, except in cases where immigration judges had already reviewed and ordered removal. That order lasted 14 days and was later extended by Kelly through Tuesday to give him time to more closely examine the case.
The Trump administration maintained it had the authority to return the children and initially claimed it acted at the behest of Guatemalan parents. But officials later walked back that assertion. Instead, the Guatemalan government expressed concern about minors in U.S. custody who were nearing their 18th birthdays and faced the possibility of transfer to adult detention facilities.
Under existing policy, children who cross the southern border without a parent or guardian are transferred to the Office of Refugee Resettlement, part of the Department of Health and Human Services. They typically live in a nationwide network of shelters overseen by the office until they are released to a sponsor, often a relative.
What People Are Saying
Democratic Senator Alex Padilla of California said in a statement to Newsweek: “Today’s court decision provides some hope in the face of the Trump Administration’s disturbing, middle of the night push to remove unaccompanied Guatemalan children and put them back into harm’s way. This Administration must be held accountable for its attempts to violate these children’s due process rights and endanger them, especially in light of the concerning allegations we received in the whistleblower complaint. While this decision protects Guatemalan children for now, I am deeply concerned about similar deportations of children to other countries, especially when we cannot be confident that Administration officials are following the law.”
What Happens Next
After securing the restraining order for Guatemalan children, advocates also pressed the court to extend protections to minors from other countries. Reports had surfaced that the administration was preparing to deport Honduran children as well, raising alarms that similar efforts could soon be underway.
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