Authorities' plan to promptly expel Guatemalan minor migrants is inhibited by the court order.
In a significant development, a federal judge has granted a preliminary injunction that extends the temporary protection of Guatemalan migrant children living in government shelters and foster care indefinitely. This decision comes after the Trump administration's attempt to remove these children from the United States.
The legal actions against the Trump administration were spearheaded by the National Center for Youth Law and the National Immigration Law Center. These advocates argued that many of these children were fleeing abuse or violence in their home countries and should not be subjected to the risk of deportation.
One of the parents involved in the case, Bertilda López, expressed mixed feelings about the judge's decision. Her 17-year-old son was among those slated to be sent to Guatemala. Elisabeth Toca, who is sponsoring the boy, hopes he will be allowed to stay.
Contractors for Immigration and Customs Enforcement had picked up 76 Guatemalan children from shelters and foster care and transported them to the airport, intending to deport them. However, another federal judge in Washington granted advocates a temporary restraining order, preventing the Trump administration from removing Guatemalan migrant children in its care except in limited circumstances.
The initial 14-day order was set to expire on Sunday, but Judge Kelly extended it through Tuesday. The judge did not block the removal of children from additional countries, but any attempt to remove children in a similar way would likely be unlawful.
Advocates for the children submitted a whistleblower account suggesting that many of the children who were found eligible for deportation had likely been victims of child abuse. The Guatemalan government expressed concern over minors in U.S. custody who were going to turn 18 and would then be at risk of being turned over to adult detention facilities.
Despite claims by Trump administration officials that parents wanted their children returned home, there is no evidence to support this claim. The judge's decision is a significant victory for immigrant and children's advocates who sued the Trump administration to prevent the removal of Guatemalan minors.
It is important to note that children who cross the southern border alone are generally transferred to the Office of Refugee Resettlement, which falls under the Department of Health and Human Services. The future of these children remains uncertain, but for now, they are protected from immediate deportation. Guatemala's government declined to comment, stating it was an internal U.S. justice process.
After this decision, advocates have also asked the court to extend protections from deportation to children of other nationalities. The judge's decision is a step towards ensuring the safety and well-being of these vulnerable children and a reminder of the importance of upholding the rights of all migrants.
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