In a dramatic turn of events over the holiday weekend, a federal judge in Washington, D.C., temporarily blocked the Trump administration’s plan to deport more than 600 unaccompanied Guatemalan minors in U.S. custody. The move, announced Sunday afternoon, August 31, 2025, came as some of the children had already been woken in the dead of night, placed on planes, and prepared for repatriation to Guatemala, according to reporting by CNN and The Associated Press.
Judge Sparkle L. Sooknanan, a Biden appointee, issued the emergency order after being notified at 2:36 a.m. that the removals were underway. “I have the government attempting to remove unaccompanied minors from the country in the wee hours of the morning on a holiday weekend, which is surprising, but here we are,” she remarked during an emergency hearing, as reported by CNN.
Her ruling, which provides a 14-day reprieve, directs that all Guatemalan minors who crossed the border without parents or guardians be returned to the custody of the Office of Refugee Resettlement (ORR). “I do not want there to be any ambiguity,” Sooknanan emphasized, making clear her order applied broadly to all affected children.
The late-night operation caught legal advocates off guard. Lawyers scrambled as news broke that children were to be removed imminently, with some reportedly being taken from their beds in the middle of the night. Neha Desai, managing director of Children’s Human Rights & Dignity at the National Center for Youth Law, confirmed that at least one plane in Texas carrying Guatemalan children was turned around following the judge’s intervention.
Legal service providers had received notice from the ORR that Guatemala had “requested the return of certain unaccompanied alien children in federal custody for the purposes of reunifying the UAC with suitable family members,” according to a document obtained by CNN. The children, ranging in age from 10 to 17, are believed not to have parents in the U.S.—though some may have relatives—and have a parent or legal guardian in Guatemala. The criteria for return, according to the ORR, included children who do not have a pending asylum case and are not at risk of trafficking.
But attorneys representing the children argue otherwise. Many of the minors are in ongoing immigration proceedings and, they say, face significant danger if returned. The lawsuit filed early Sunday contends that the administration’s plan violates U.S. law, which grants unaccompanied minors special protections—including the right to due process and the opportunity to seek relief from deportation. “All unaccompanied children—regardless of the circumstances of their arrival to the United States—receive the benefit of full immigration proceedings,” attorneys from the National Immigration Law Center wrote in their court filing, as quoted by The Associated Press.
Senator Ron Wyden of Oregon, who has been outspoken on the issue, pressed the Office of Refugee Resettlement to halt the deportations. In a letter to Angie Salazar, acting director of the ORR, Wyden wrote: “Unaccompanied children are some of the most vulnerable children entrusted to the government’s care. In many cases, these children and their families have had to make the unthinkable choice to face danger and separation in search of safety.” Citing whistleblowers, he warned that children lacking a parent, legal guardian, or active asylum case “will be forcibly removed from the country.”
Wyden’s concerns were echoed by advocacy groups. Lindsay Toczylowski, president and CEO of Immigrant Defenders Law Center, told The Associated Press, “We are outraged by the Trump administration’s renewed assault on the rights of immigrant children. We are not fooled by their attempt to mask these efforts as mere ‘repatriations.’ This is yet another calculated attempt to sever what little due process remains in the immigration system.”
The Trump administration’s plan to deport the children is part of a broader enforcement push, which includes ramped-up deportations, ending legal protections for some migrants, and surging officers to cities like Chicago for immigration crackdowns. The removals, which would affect nearly 700 Guatemalan children according to a letter sent by Senator Wyden on August 29, 2025, represent a significant increase from previous plans. Danilo Rivera, Director of Guatemala’s Immigration Institute, previously confirmed intentions to repatriate 341 unaccompanied minors before they reached 18 to avoid their transfer to adult detention centers. “The idea is to bring them back before they reach 18 years old so that they are not taken to an adult detention center,” Rivera stated, according to The Associated Press.
Guatemala’s government has expressed willingness to receive the children, with President Bernardo Arévalo stating that the country has a “moral and legal obligation” to advocate for them. Foreign Affairs Minister Carlos Martínez explained that Guatemala is particularly concerned about minors aging out of child facilities and being sent to adult detention centers. Discussions between the U.S. and Guatemala have been ongoing, but as of August 31, no firm date for the returns had been set, and the exact number of children remains in flux.
The Office of Refugee Resettlement had notified shelter providers late Saturday that children identified for reunification must be ready for discharge within two hours—or four hours if in foster care—upon notification. The children needed to be travel-ready, with proper documentation, medication, personal belongings, and even two prepared sack lunches, according to notices obtained by CNN. Yet, for many of these minors, the prospect of return is fraught with fear. One 10-year-old indigenous girl, for instance, “suffered abuse and neglect from other caregivers” in Guatemala, and her mother is deceased. Her attorney told CNN, “The reaction when you explain what’s happening is disbelief. They’re very scared. They all say they’re afraid to return to Guatemala for different reasons.”
Advocates emphasize that unaccompanied migrant children are among the most sensitive populations in the immigration system. After being apprehended at the U.S.-Mexico border, such children are placed under the care of the ORR and housed in shelters or foster care until released to a sponsor, often a family member. They may seek asylum, special immigrant juvenile status, or visas for victims of trafficking and exploitation.
Judge Sooknanan has given the government until Friday to file a formal response addressing whether the repatriations were requested by the children’s parents or legal guardians—an assertion challenged by the children’s attorneys. Plaintiffs must file an expedited motion for a preliminary injunction by Tuesday, with the Department of Justice’s reply due Friday. For now, the judge’s order stands: no unaccompanied Guatemalan minors in U.S. custody may be removed for two weeks, affording these vulnerable children a temporary reprieve—and the hope that their voices will be heard before any final decision is made.
