A federal court in Arizona has temporarily halted the Donald Trump administration’s plans to deport dozens of Guatemalan and Honduran migrant children, who arrived alone in the United States and are currently in shelters or temporary homes.
The decision was made by federal Judge Rosemary Marquez in Tucson, Arizona, who extended until September 26 a temporary restraining order preventing deportations while the case is still under review.
Deportation of Guatemalan and Honduran children
The minors, represented by the Florence Immigrant & Refugee Rights Project, are between the ages of three and 17, and have expressed fear of being returned to their countries of origin, where they face risks such as abandonment, human trafficking or illness without adequate treatment.
The children’s lawyers point out that the government has not demonstrated that it has contacted parents or legal guardians in Guatemala or Honduras, nor has it offered any guarantees about their welfare upon return.
“Many of these children have said they do not want to return and that they fear for their safety.
“The government is not following the laws designed to protect migrant minors,” warned Laura Belous, an attorney with the organization.
What is the Trump Administration looking for?
Buzzy
The Department of Justice, under the Trump administration, assures that its intention is to “reunify minors with their families,” after receiving alleged requests from the Guatemalan government to facilitate these returns.
However, Judge Marquez harshly criticized the process, calling it “alarming” because of the lack of coordination with the parents and the late notification of lawyers, often at night.
He also questioned why officials from the Department of Health and Human Services (HHS), through the Office of Refugee Resettlement, are making decisions that, by law, belong to experienced immigration judges.
Where are the children now?
Most of the minors are housed in shelters located in the Phoenix and Tucson areas, under the custody of the federal government.
There are similar lawsuits in Illinois and Washington D.C., also seeking to prevent immediate deportations without due process.
The Arizona case was initially filed in August on behalf of 57 Guatemalan children.
Since then, 12 Honduran children and four additional Guatemalan children have been added and were subsequently detained.
A 2008 federal law states that all unaccompanied children, except those from Mexico or Canada, have the right to present their case before an immigration judge, access legal assistance and remain in the least restrictive environment possible during the process.
Judge Marquez’s ruling could set an important precedent for other states and highlight the U.S. government’s obligation to respect the fundamental rights of migrant children.
Muchos de estos niños han dicho que no quieren regresar y que temen por su seguridad
Abogada Laura Belous
