A federal judge appointed by Joe Biden issued a temporary restraining order Sunday halting a Trump administration program that sought to return Guatemalan children to their parents or guardians at the request of both families and the Guatemalan government.
The order, issued by U.S. District Judge Sparkle Sooknanan, froze a pilot program that officials said would reunite nearly 700 minors with family members in Guatemala
By the time the court intervened, charter buses had already arrived at airports in Harlingen and El Paso, and children were seated on planes awaiting departure.
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The administration has defended the program as a repatriation effort, not a deportation operation.
Justice Department attorney 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.”
Immigration advocacy groups, however, challenged the flights as unlawful deportations conducted in secrecy.
They argued that the children were being moved without adequate process or oversight.
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Judge Sooknanan acknowledged the unusual nature of her ruling, stating in her order that it was “extraordinary,” but she justified it on the grounds that the government had chosen to “execute a plan to remove these children” during the “wee hours” of a holiday weekend.
The order is set to remain in place for 14 days while further hearings are conducted.
White House Deputy Chief of Staff for Policy Stephen Miller criticized the decision, arguing that it prevents children from reuniting with their parents in Guatemala.
“It’s actually much worse than even that. These smuggled migrant children were orphaned in America by the Biden Administration. The minors have all self-reported that their parents are back home in Guatemala. But a Democrat judge is refusing to let them reunify with their parents,” Miller said.
It’s actually much worse than even that. These smuggled migrant children were orphaned in America by the Biden Administration. The minors have all self-reported that their parents are back home in Guatemala. But a Democrat judge is refusing to let them reunify with their parents. https://t.co/o3h6e0YsMC
— Stephen Miller (@StephenM) August 31, 2025
Miller also pointed to the role of Guatemala’s government in requesting the return of the children.
“The government of Guatemala has formally requested their return. And there are tens of thousands more smuggled minors orphaned in America by the Biden Administration that Democrats are refusing to allow back home with their families,” he said.
The government of Guatemala has formally requested their return. And there are tens of thousands more smuggled minors orphaned in America by the Biden Administration that Democrats are refusing to allow back home with their families.
— Stephen Miller (@StephenM) August 31, 2025
Correct. Their goal is to keep these migrant minors in the USA forever and never let them go home. The Democrat Party is fully committed the proposition of infinite child trafficking.
— Stephen Miller (@StephenM) August 31, 2025
In addition to Miller’s criticism, administration officials have said that the case illustrates the broader challenges of immigration enforcement.
They argue that the Biden administration’s prior policies contributed to an influx of unaccompanied minors who remain in the United States without their parents.
The restraining order now places the pilot program on hold, leaving hundreds of children in federal custody while the legal battle continues.
It remains unclear whether the Justice Department will seek an expedited appeal or wait until the initial 14-day order expires.
Immigration advocacy groups have vowed to continue pressing their case against the program, while administration officials maintain that the effort was designed to respect parental wishes and international cooperation with Guatemala.
The court’s intervention marks the latest in a series of disputes between the federal judiciary and the administration over immigration policy.
For now, the planes remain grounded, and the future of the repatriation program rests with the court.
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