by Washington, D.C. – An emergency ruling by U.S. District Judge Sparkle Sooknanan on Sunday, September 1, 2025, temporarily blocked the Trump administration’s plan to deport more than 600 unaccompanied Guatemalan children. The decision came just hours after immigrant advocacy groups, led by the National Immigration Law Center (NILC), filed a lawsuit challenging the legality of the planned removals.
Judge Sooknanan, serving as the emergency judge over the Labor Day weekend, moved a scheduled hearing from 3 p.m. to 12:30 p.m. after learning that children were already being prepared for deportation. In her order, she directed the government to immediately cease all efforts to transfer or repatriate any child covered by the lawsuit.
Lawsuit Filed by NILC
The lawsuit was filed by NILC attorneys just after 1 a.m. Sunday, on behalf of 10 Guatemalan minors, identified only by initials, ranging in age from 10 to 17. Two plaintiffs are simply listed as “minors.” The putative class includes all Guatemalan children in federal custody as of August 31 who lack final removal orders.
The complaint alleges that the administration, working in coordination with the Guatemalan government, intended to deport the children within hours under a “pilot program.” Attorneys say the plan involved transferring minors from Office of Refugee Resettlement (ORR) custody to Immigration and Customs Enforcement (ICE) for removal, bypassing immigration proceedings.
Legal Protections at Stake
At the center of the case are federal protections established by the Trafficking Victims Protection Reauthorization Act (TVPRA), which prohibits expedited removal of unaccompanied minors from non-contiguous countries and guarantees them access to immigration court hearings.
The lawsuit argues that the Trump administration’s actions violate the TVPRA, the Immigration and Nationality Act (INA), and constitutional due process rights. Advocacy groups also raised concerns about lack of access to legal counsel, discrimination, and the erosion of long-standing safeguards for children.
Courtroom Developments
During Sunday’s hearing, Deputy Assistant Attorney General Drew Ensign acknowledged that one flight may have departed but was returned. He confirmed that all children covered by the lawsuit remain in U.S. custody and that no further flights will take place under the court’s directive.
Attorneys for the children argued that some minors were still sitting on planes in Harlingen and El Paso, Texas, awaiting removal before the emergency order halted the process.
Similar Lawsuit in Chicago
The Vermont case coincides with a separate lawsuit filed in Chicago federal court on Saturday, which resulted in a temporary halt of deportations for four Guatemalan children. U.S. District Judge Georgia Alexakis, also appointed by President Joe Biden, scheduled a hearing for Wednesday to review that matter.
Why This Matters
As of August 2025, nearly 2,000 children remain in Health and Human Services (HHS) custody, most from Guatemala, Honduras, and El Salvador, according to the Office of Refugee Resettlement. Advocates warn that deporting children without hearings not only violates federal law but also exposes them to persecution, violence, and trauma in their home countries.
The case raises broader questions about the treatment of unaccompanied migrant children, the future of asylum protections, and the administration’s use of expedited deportation procedures.
What Happens Next?
The federal court will now determine whether Judge Sooknanan’s emergency order should be extended or converted into a preliminary injunction. Additional hearings and filings are expected in the coming days, and the outcome could set an important precedent for how unaccompanied minors are treated under U.S. immigration law.
If the Trump administration is found to have violated federal protections, broader restrictions on deportation procedures for unaccompanied children may follow.
What are your thoughts on this case? Should unaccompanied children have stronger legal safeguards against deportation? Share your views in the comments.
