Tag: NNT

WASHINGTON — The Trump administration is planning to remove nearly 700 Guatemalan children who had come to the U.S. without their parents, according to a letter sent Friday by Sen. Ron Wyden of Oregon, and the Central American country said it was ready to take them in.

The removals would violate the Office of Refugee Resettlement’s “child welfare mandate and this country’s long-established obligation to these children,” Wyden told Angie Salazar, acting director of the office within the Department of Health and Human Services that is responsible for migrant children who arrive in the U.S. alone.

“This move threatens to separate children from their families, lawyers, and support systems, to thrust them back into the very conditions they are seeking refuge from, and to disappear vulnerable children beyond the reach of American law and oversight,” the Democratic senator wrote, asking for the deportation plans to be terminated.

It is another step in the Trump administration’s sweeping immigration enforcement efforts, which include plans to surge officers to Chicago for an immigration crackdown, ramping up deportations and ending protections for people who have had permission to live and work in the United States.

Guatemala says it’s ready to take in the children

Guatemalan Foreign Affairs Minister Carlos Martínez said Friday that the government has told the U.S. it is willing to receive hundreds of Guatemalan minors who arrived unaccompanied to the United States and are being held in U.S. facilities.

Guatemala is particularly concerned about minors who could age out of the facilities for children and be sent to adult detention centers, he said. The exact number of children to be returned remains in flux, but they are currently discussing a little over 600. He said no date has been set yet for their return.

That would be almost double what Guatemala previously agreed to. The head of the country’s immigration service said last month that the government was looking to repatriate 341 unaccompanied minors who were being held in U.S. facilities.

“The idea is to bring them back before they reach 18 years old so that they are not taken to an adult detention center,” Guatemala Immigration Institute Director Danilo Rivera said at the time. He said it would be done at Guatemala’s expense and would be a form of voluntary return.

The plan was announced by President Bernardo Arévalo, who said then that the government had a moral and legal obligation to advocate for the children. His comments came days after U.S. Homeland Security Secretary Kristi Noem visited Guatemala.

Wyden’s letter says the children ‘will be forcibly removed’

The White House and the Department of Health and Human Services did not immediately respond to requests for comment on the latest move, which was first reported by CNN.

Quoting unidentified whistleblowers, Wyden’s letter said children who do not have a parent or legal guardian as a sponsor or who don’t have an asylum case already underway, “will be forcibly removed from the country.”

“Unaccompanied children are some of the most vulnerable children entrusted to the government’s care,” Wyden wrote. “In many cases, these children and their families have had to make the unthinkable choice to face danger and separation in search of safety.”

The idea of repatriating such a large number of children to their home country also raised concerns with activists who work with children navigating the immigration process.

“We are outraged by the Trump administration’s renewed assault on the rights of immigrant children,” said Lindsay Toczylowski, president and CEO of Immigrant Defenders Law Center. “We are not fooled by their attempt to mask these efforts as mere ‘repatriations.’ This is yet another calculated attempt to sever what little due process remains in the immigration system.”

Due to their age and the trauma unaccompanied immigrant children have often experienced getting to the U.S., their treatment is one of the most sensitive issues in immigration. Advocacy groups already have sued to ask courts to halt new Trump administration vetting procedures for unaccompanied children, saying the changes are keeping families separated longer and are inhumane.

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 U.S.-Mexico border. Once in the U.S., they 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.

They can request asylum, juvenile immigration status or visas for victims of sexual exploitation.

WASHINGTON — A federal judge has temporarily blocked the Trump administration from carrying out speedy deportations of undocumented migrants detained in the interior of the United States.

The move is a setback for the President Donald Trump’s efforts to expand the use of the federal expedited removal statute to quickly remove some migrants in the country illegally without appearing before a judge first.

Trump promised to engineer a massive deportation operation during his 2024 campaign if voters returned him to the White House. And he set a goal of carrying out 1 million deportations a year in his second term.

But U.S. District Judge Jia Cobb suggested the administration’s expanded use of the expedited removal of migrants is trampling on individuals’ due process rights.

“In defending this skimpy process, the Government makes a truly startling argument: that those who entered the country illegally are entitled to no process under the Fifth Amendment, but instead must accept whatever grace Congress affords them,” Cobb wrote in a 48-page opinion issued Friday night. “Were that right, not only noncitizens, but everyone would be at risk.”

The Department of Homeland Security announced shortly after Trump came to office in January that it was expanding the use of expedited removal, the fast-track deportation of undocumented migrants who have been in the U.S. less than two years.

The effort has triggered lawsuits by the American Civil Liberties Union and immigrant rights groups.

DHS in a statement said Cobb’s “ruling ignores the President’s clear authorities under both Article II of the Constitution and the plain language of federal law.” It said Trump “has a mandate to arrest and deport the worst of the worst” and that “we have the law, facts, and common sense on our side.”

Before the administration’s push to expand such speedy deportations, expedited removal was only used for migrants who were stopped within 100 miles of the border and who had been in the U.S. for less than 14 days.

Cobb, who was nominated by Democratic President Joe Biden, didn’t question the constitutionality of the expedited removal statute, or its application at the border.

“It merely holds that in applying the statute to a huge group of people living in the interior of the country who have not previously been subject to expedited removal, the Government must afford them due process,” she wrote.

She added that “prioritizing speed over all else will inevitably lead the Government to erroneously remove people via this truncated process.”

Cobb earlier this month agreed to temporarily block the administration’s efforts to expand fast-track deportations of immigrants who legally entered the U.S. under a process known as humanitarian parole. The ruling could benefit hundreds of thousands of people.

In that case the judge said Homeland Security exceeded its statutory authority in its effort to expand expedited removal for many immigrants. The judge said those immigrants are facing perils that outweigh any harm from “pressing pause” on the administration’s plans.

Since May, U.S. Immigration and Customs Enforcement officers have positioned themselves in hallways to arrest people after judges accept government requests to dismiss deportation cases. After the arrests, the government renews deportation proceedings but under fast-track authority.

Although fast-track deportations can be put on hold by filing an asylum claim, people may be unaware of that right and, even if they are, can be swiftly removed if they fail an initial screening.