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A Biden-appointed federal judge abruptly blocked the Trump administration from flying out hundreds of illegal alien children over Labor Day weekend after immigrant advocacy groups rushed to court, claiming Trump was carrying out a mass deportation in the dead of night.
The emergency order by U.S. District Judge Sparkle Sooknanan froze a pilot program the administration said would reunite nearly 700 kids with parents or guardians in Guatemala.
By the time the judge intervened, charter buses had already rolled up to planes in Harlingen and El Paso and, in some cases, children were seated on board awaiting departure.
Justice Department lawyer Drew Ensign told the court, “These are not removals under the statute. These are repatriations. All of these children have parents or guardians in Guatemala who have requested their return.”
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Advocacy groups rejected that explanation, with the National Immigration Law Center’s (NILC) Efrén Olivares firing back that “it is a dark and dangerous moment when our government chooses to target orphaned 10-year-olds.”
The lawsuit, LGML v. Noem, was filed just after 1 a.m. Sunday, accusing the Trump administration of skirting a 2008 law that immigrant-rights groups often cite to shield minors from removal.
Named as defendants were Attorney General Pam Bondi, Department of Homeland Security Secretary Kristi Noem, Health and Human Services Secretary Robert F. Kennedy Jr. and Secretary of State Marco Rubio.
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The lead plaintiff was a 10-year-old girl identified only by her initials whose mother had died in Guatemala. Judge Sooknanan scolded the Trump administration over the timing, saying during the emergency hearing: “I have the government attempting to remove minor children from the country in the wee hours of the morning on a holiday weekend, which is surprising, but here we are.”
The Trump administration insists the flights were lawful reunifications negotiated with Guatemala’s government, while advocacy groups argue the kids are being rushed out without hearings or the chance to pursue asylum.
Guatemala’s foreign minister confirmed the country is ready to take the children, with President Bernardo Arévalo calling it a “moral and legal obligation.”
Unaccompanied children who arrive illegally in the United States are often handed over to the HHS’ Office of Refugee Resettlement (ORR) while their immigration cases are prepared. Those from Guatemala often request asylum to stay in America.
For now, hundreds of Guatemalan minors remain in the U.S. while the legal battle plays out. According to reporting from The Associated Press, family members of many of the migrants had gathered at airports across the Central American nation in anticipation of their arrival.
The entire emergency motion can be read here.
The DOJ, HHS, ICE, the State Department, NILC, and the Guatemalan Embassy did not immediately return Fox News Digital’s request for comment.
The Associated Press contributed to this report.
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