Federal Judge Temporarily Halts Deportation of Unaccompanied Minors in Arizona
In a significant legal development, a federal judge in Arizona has temporarily stopped the Trump administration from deporting a group of unaccompanied Guatemalan and Honduran children. This decision, delivered on Thursday, extends an earlier restraining order issued over the Labor Day weekend and is effective until at least September 26.
Judge Rosemary Márquez, presiding in Tucson, expressed her concerns regarding the government’s arrangements for the children’s custody upon their return to Guatemala. She questioned whether adequate plans had been made with the children’s parents or legal guardians in their home country.
Laura Belous, representing the Florence Immigrant & Refugee Rights Project, articulated that the children are fearful of returning to Guatemala and Honduras due to potential neglect, child trafficking, and individual medical challenges. The organization has filed a lawsuit representing 57 Guatemalan and 12 Honduran children aged between 3 and 17.
Legal Battles in Arizona and Washington, D.C.
This Arizona lawsuit is part of a broader legal effort, which includes a related case in Washington, D.C., challenging the Trump administration’s decision to deport these unaccompanied minors who had been living in U.S. government shelters or foster care. The administration had attempted to expedite their removal over the Labor Day weekend, with children nearly boarding flights to Guatemala on August 31.
Denise Ann Faulk, an assistant U.S. attorney, defended the repatriation efforts, stating these were coordinated at high diplomatic levels with Guatemala to circumvent prolonged bans on returning to the U.S.
Most of these children were under the care of the U.S. Health and Human Services Department’s Office of Refugee Resettlement, residing in shelters near Phoenix and Tucson. Similar legal actions have been initiated in Illinois and Washington, D.C., to prevent the children’s deportation.
Concerns Over Child Welfare and Legal Rights
The Arizona lawsuit asserts that the children’s rights are being overlooked, arguing for their opportunity to present their cases before an immigration judge, access legal representation, and reside in the least restrictive environment suitable to their needs.
The Trump administration argues that its objective is to reunite the children with their families, based on requests from the Guatemalan government, which expressed concerns upon visiting U.S. detention facilities. Guatemala indicated its willingness to accept children wishing to return voluntarily.
Trends in Unaccompanied Minor Migration
The influx of unaccompanied minors crossing into the U.S. surged in 2014, reaching a peak of 152,060 in the fiscal year 2022. In July, the arrest rate reflected a significant decrease in illegal crossings, marking the lowest levels in decades.
Guatemalan minors comprised 32% of those in government-run holding facilities last year, followed by children from Honduras, Mexico, and El Salvador. According to a 2008 law, these children must appear before an immigration judge and have the chance to seek asylum unless they are from Canada or Mexico. Most minors are released to family members while their cases proceed in court.
The lawsuit was recently amended to incorporate additional Honduran and Guatemalan children who have come under government care in Arizona since the initial filing.
Judge Márquez expressed her unease, noting the lack of coordination with the children’s parents and the restricted access to legal proceedings. She remarked, “On a practical matter, it just seems that a lot of these things that (the Office of Refugee Resettlement) has taken upon themselves to do — such as screening and making judicial determinations that should be made by an immigration judge with expertise and time to meet with a lawyer and meet with a child — is just surpassed by saying ‘we’re reuniting them’” with parents.
Appointed by President Barack Obama in 2014, Judge Márquez has a background in volunteering with the Florence Immigrant & Refugee Rights Project during the early 2000s.
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