More stories

  • in

    Judge orders US to halt deportation of hundreds of Guatemalan children

    A US judge on Sunday ordered an emergency halt to a plan by the Trump administration to deport a group of nearly 700 unaccompanied Guatemalan children back to their home country after immigrant advocates lawyers called the plan “illegal”.Attorneys for 10 Guatemalan minors, ages 10 to 17, said in court papers filed late on Saturday that there were reports that planes were set to take off within hours for the Central American country. But a federal judge in Washington said those children couldn’t be deported for at least 14 days, and after a hastily scheduled hearing on Sunday, she enforced that they needed to be taken off the planes and back to the Office of Refugee Resettlement facilities while the legal process plays out.Judge Sparkle L Sooknanan, a Biden appointee, began the Sunday afternoon hearing by ensuring that the justice department had received her expanded order and that government officials were aware of it. “I do not want there to be any ambiguity,” she said, adding that her ruling applies broadly to Guatemalan minors who arrived in the US without their parents or guardians.Government lawyers, meanwhile, maintained that the children weren’t being deported but rather reunited at the request of their parents or guardians – a claim that the children’s lawyers dispute, at least in some cases.“I have conflicting narratives from both sides here,” Sooknanan said. She said that what she was hearing from the government lawyers “doesn’t quite line up” with what the children’s advocates had told her.Similar emergency requests were filed in other parts of the country as well. Attorneys in Arizona and Illinois asked federal judges there to block deportations of unaccompanied minors, underscoring how the fight over the government’s efforts has quickly spread.At the border-area airport in Harlingen, Texas, the scene on Sunday morning was unmistakably active. Buses carrying migrants pulled on to the tarmac as clusters of federal agents moved quickly between the vehicles and waiting aircraft. Police cars circled the perimeter, and officers and security guards pushed reporters back from the chain-link fences that line the field. On the runway, planes sat with engines idling, ground crews making final preparations as if departures could come at any moment – all as the courtroom battle played out hundreds of miles away in Washington.The Trump administration is planning to remove nearly 700 Guatemalan children who came to the US unaccompanied, according to a letter sent on Friday by Senator Ron Wyden of Oregon. The Guatemalan government has said it is ready to take them in.Melissa Johnston, the director of the Office of Refugee Resettlement’s program for unaccompanied children, sent an email to staff on Thursday calling for a halt to the release of all Guatemalan children except for those sponsored by parents or legal guardians in the US, according to a copy reviewed by Reuters and one of the former officials.Lawyers for the Guatemalan children said the US government doesn’t have the authority to remove the children and is depriving them of due process by preventing them from pursuing asylum claims or immigration relief. Many have active cases in immigration courts, according to the attorneys’ court filing in Washington.Although the children are supposed to be in the care and custody of the Office of Refugee Resettlement, the government is “illegally transferring them to Immigration and Customs Enforcement custody to put them on flights to Guatemala, where they may face abuse, neglect, persecution, or torture”, argues the filing by attorneys with the Young Center for Immigrant Children’s Rights and the National Immigration Law Center.Migrant children traveling without their parents or guardians are handed over to the Office of Refugee Resettlement when they are encountered by officials along the US-Mexico border. Once in the US, the children often live in government-supervised shelters or with foster care families until they can be released to a sponsor – usually a family member – living in the country.In a legal complaint filed on Sunday, the National Immigration Law Center and Young Center for Immigrant Children’s Rights said the deportations would be a “clear violation of the unambiguous protections that Congress has provided them as vulnerable children”.“Defendants are imminently planning to illegally transfer Plaintiffs to Immigration and Customs Enforcement (Ice) custody to put them on flights to Guatemala, where they may face abuse, neglect, persecution, or even torture, against their best interests,” the complaint read.The US Department of Homeland Security, Ice’s parent agency, did not immediately respond to a request for comment. Guatemala’s foreign ministry declined to comment. More

  • in

    ‘Nightmare’: family in shock after Ice moves LA teen out of state without their knowledge

    The family of 18-year-old Benjamin Guerrero-Cruz was shocked when they found out that US Immigration and Customs Enforcement (Ice) had discreetly moved him out of California, according to California congresswoman Luz Rivas, who spoke with his relatives and reviewed federal detention records.Guerrero-Cruz, who was first detained in Van Nuys neighborhood while walking his dog, was transferred late Monday from the Adelanto detention facility in San Bernardino county to a remote holding site in Arizona without any notification given to his family.The next day, Ice prepared to send him to Louisiana, a key hub for deportation flights. At the last moment, however, Guerrero-Cruz was removed from the plane and returned to Adelanto, where he remains in custody, according to Rivas’s office.“The nightmare for him, his family, and thousands in similar situations is not over yet,” Rivas said in a statement. “I will not accept the current reality that ICE shuffles and transfers detainees without notifying their family to inflict psychological pain for all of those involved.“Benjamin and his family deserve answers behind Ice’s inconsistent and chaotic decision-making process, including why Benjamin was initially transferred to Arizona, why he was slated to be transferred to Louisiana afterward, and why his family wasn’t notified of his whereabouts by Ice throughout this process,” the statement continued.Rivas introduced legislation on Tuesday that would require Ice to contact a detainee’s immediate family within 24 hours of a transfer. Current rules only mandate notification in the event of a detainee’s death.According to the Department of Homeland Security, Guerrero-Cruz faces deportation to Chile after overstaying his visa, which obliged him to leave the US by 15 March 2023.The teen was initially arrested on 8 August and held in downtown LA for a week. One of his former teachers, Liz Becerra, visited Guerrero-Cruz at an Ice processing center in Adelanto, an hour and a half north of LA.She said that Guerrero-Cruz spoke about being surrounded by masked men while walking his dog, handed over to federal agents, and then brought to the metropolitan detention center in downtown LA. He was not allowed to shower or brush his teeth for a week, Becerra said.Once he was moved to Adelanto, he said he was being kept in a small cell with about two dozen other men with little access to food and water.This pattern of detainees being shifted between multiple sites reflects a broader practice under what the Trump administration is touting as the largest deportation initiative in US history.An analysis of Ice data by the Guardian found that in June this year, average daily arrests were up 268% compared with June 2024. It also found that, despite Trump’s claims that his administration is seeking out the “worst of the worst”, the majority of people being arrested by Ice now have no criminal convictions.As a result, detention facilities have been increasingly overcrowded, and the US system was over capacity by more than 13,500 people as of July. More

  • in

    Judge halts Trump administration from deporting Kilmar Ábrego García for now

    Kilmar Ábrego García – who has been thrust into the middle of an acrimonious deportation saga by the second Trump administration – has been detained after reporting to Immigration and Customs Enforcement (Ice) agents in Baltimore on Monday, but a judge later ruled that he cannot be deported for now.His detainment comes just three days after his release from criminal custody in Tennessee.“The only reason he was taken into detention was to punish him,” Simon Sandoval-Moshenberg, an attorney representing Ábrego, told a crowd of supporters outside a Baltimore Ice field office on Monday. “To punish him for exercising his constitutional rights.”The attorney also said his client filed a new lawsuit on Monday morning challenging his potential deportation to Uganda and his current confinement. Hours later, US district judge Paula Xinis issued a temporary halt to Ábrego’s possible deportation.Xinis, who was appointed by former president Obama, told justice department lawyers that the government is “absolutely forbidden” from deporting Ábrego until she holds an evidentiary hearing scheduled for Friday.Xinis further instructed that Ábrego must remain at his detention center in Virginia. She then asked deputy assistant attorney general Drew Ensign whether her order was sufficient for the justice department to follow, which he agreed it was.“Your clients are absolutely forbidden at this juncture to remove Mr. Abrego Garcia from the continental United States,” Xinis told Ensign.The judge also raised concerns about accusations that the justice department attempted to pressure Ábrego by threatening deportation to Uganda if he did not plead guilty to human trafficking.Ábrego faced threats of being deported to Uganda after recently declining an offer to be deported to Costa Rica in exchange for remaining in jail and pleading guilty to human smuggling charges, according to a Saturday court filing.“The fact that they are holding Costa Rica as a carrot and using Uganda as a stick to try to coerce him to plead guilty for a crime is such clear evidence that they are weaponizing the immigration system in a matter that is completely unconstitutional,” Sandoval-Moshenberg said.The lawsuit Ábrego filed early on Monday asks for an order “that he is not allowed to be removed from the United States unless and until he has had full due process”, said Sandoval-Moshenberg.“The main issue, aside from the actual conditions in that country is – is that country actually going to let him stay there?” the attorney said. “They can offer to send him to Madrid, Spain, and unless Madrid, Spain, is going to let him remain in that country, essentially what it is – is a very inconvenient layover on the way to El Salvador, which is the one country that it has already determined that he cannot be sent to.”The Costa Rican government has agreed to offer Ábrego refugee status if he is sent there, court filings from Saturday show. A judge in 2019 ruled that Ábrego cannot be deported to El Salvador.Before walking into his appointment at the Baltimore Ice field office, Ábrego addressed a crowd of faith leaders, activists, and his family and legal team organized by the immigrant rights non-profit Casa de Maryland.“My name is Kilmar Ábrego García, and I want you to remember this – remember that I am free and I was able to be reunited with my family,” he said through a translator, NBC News reported. “This was a miracle … I want to thank each and every one of you who marched, lift your voices, never stop praying and continue to fight in my name.”After Ábrego entered the building, faith leaders and activists rallied to demand Ábrego’s freedom, chanting “Sí, se puede” (roughly “yes, we can”) and “we are Kilmar” as well as singing the hymn We Shall Not Be Moved with an activist choir.“Laws have to be rooted in love, because love does not harm us,” a senior priest at Maryland’s St Matthew Episcopal church identified as Padre Vidal said through a translator.Ábrego entered the US without permission in about 2011 as a teenager after fleeing gang violence. He was subsequently afforded a federal protection order against deportation to El Salvador.The 30-year-old sheet metal apprentice was initially deported by federal immigration officials in March. Though Donald Trump’s administration admitted that Ábrego’s deportation was an “administrative error”, officials have repeatedly accused him of being affiliated with the MS-13 gang, a claim Ábrego and his family vehemently deny.During his detention at El Salvador’s so-called Terrorism Confinement Center (Cecot), Ábrego was physically and psychologically tortured, according to court documents filed by his lawyers in July.Following Ábrego’s wrongful deportation, the Trump administration faced widespread pressure to return him to the US, including from a supreme court order that directed federal officials to “facilitate” his return.In June, the Trump administration returned Ábrego from El Salvador, only to charge him with crimes related to human smuggling, which his lawyers have rejected as “preposterous”. His criminal trial is expected to begin in January.Ábrego’s detention comes amid growing concern about the Trump administration’s accelerating mass deportations campaign. Protesters across the US are rallying against the federal government’s crackdown on immigrants in Washington DC, the nation’s capital, while activists in Maryland and nationwide are pushing Democratic officials to end contracts with Avelo Airlines, which is the only passenger airline that conducts deportation flights for Ice.Shortly after Ábrego’s detention on Monday, the US homeland security secretary, Kristi Noem, said on social media that Ice had arrested him and was “processing him for deportation”.“President Trump is not going to allow this illegal alien, who is an MS-13 gang member, human trafficker, serial domestic abuser, and child predator to terrorize American citizens any longer,” she wrote.Glenn Ivey, the Democratic congressman representing the Maryland district where Ábrego and his family live, said his constituent’s detention was a “total abuse of power” by the federal government and a tactic to save them from “being embarrassed” due to a lack of evidence to find him guilty in court.Ábrego’s mistreatment has become a flashpoint political issue within the district and beyond, Ivey said.“I think if they [the administration] are waiting for people to forget about it or get tired of it, they’ve gotten a big surprise on that front,” Ivey said.

    Shrai Popat contributed reporting More