Court Blocks Removal of Migrant Children in Removal Proceedings
Over Labor Day weekend in 2025, federal agencies pulled hundreds of unaccompanied Guatemalan children from shelter beds in the middle of the night and prepared to deport them — without asking a single child if they wanted to go. A federal court blocked the removals and, in September 2026, refused to dismiss the lawsuit, keeping protections in place. The case tests whether the government can bypass immigration court hearings and legal counsel requirements for children in federal custody.
Over Labor Day weekend in 2025, federal agencies pulled hundreds of unaccompanied Guatemalan children from their shelter beds in the middle of the night and prepared to fly them back to Guatemala — without asking a single child whether they wanted to go. A federal district court in Washington, D.C. ruled in September 2026 that the government cannot remove these children from the United States while the lawsuit moves forward.
What happened — and why it matters for children in immigration custody
The plan started in May 2025, when the Guatemalan government asked the U.S. to return unaccompanied children to their parents or guardians in Guatemala. By July 2025, U.S. officials — including leaders from the Office of Refugee Resettlement (ORR), the Department of Homeland Security (DHS), and the State Department — had agreed to honor that request. ORR reviewed its records and identified 457 children it considered candidates for return. After a case-by-case review, that number dropped to 327. The operation launched just before midnight on August 30, 2025. Care providers received orders to prepare children for transport within hours. Legal services groups were notified at 1:12 a.m. — about 30 minutes before children were supposed to be picked up. Staff from ProBAR, a legal aid organization, rushed to shelters and found children pulled from their beds, confused and scared. At one shelter in McAllen, Texas, a young girl was so frightened she vomited.
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Under federal law — specifically the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) — unaccompanied children from countries that do not share a border with the U.S. cannot be removed through expedited removal. They must go through full removal proceedings (a formal immigration court process with a judge). The law also requires that children have access to a lawyer and that any voluntary departure be preceded by a phone call to a parent, relative, or legal services organization. The court found that the government's overnight operation raised serious legal questions about whether those protections were followed. The court provisionally certified a class — a legal group — of unaccompanied Guatemalan children in ORR custody and blocked their transfer out of the country. In September 2026, the court denied the plaintiffs' request to expand that class to children from all countries, but also denied the government's motion to dismiss the case entirely, allowing the core claims to move forward.
What to do
- If your child is in ORR custody and you are in Guatemala or another country, contact a U.S. immigration legal aid organization immediately — organizations like ProBAR (in Texas) provide free legal help to children in shelters.
- Children in ORR custody have the right to a lawyer and the right to a hearing before an immigration judge before they can be removed. If a shelter tells you a child is being transferred or sent home, ask to speak with the child's attorney of record right away.
- If a child has a pending asylum application or a credible fear claim, that is a key legal protection — make sure the child's case file reflects this, and that any attorney knows about it.
- Do not sign any voluntary departure form on behalf of a child without first speaking to an immigration lawyer. Under the TVPRA, children from non-neighboring countries must be given a phone call to a parent or legal services group before any voluntary departure paperwork is presented.
Related: our step-by-step guide — “Immigration Court Rulings”.
Fishkin Law Firm, New York
Under the TVPRA, unaccompanied children from non-contiguous countries like Guatemala cannot be removed through expedited removal — they are entitled to full Section 1229a removal proceedings, which means a hearing before an immigration judge and the right to be represented by counsel. If a child in ORR custody is being pressured to sign a voluntary departure form, that form cannot legally be presented until the child has spoken with a parent, relative, or a legal services organization by phone. Any removal that skips these steps is legally vulnerable to challenge in federal court — consult an immigration attorney as soon as possible if you believe a child's rights are being violated.
Frequently Asked Questions
Can the U.S. government deport an unaccompanied child without a court hearing?
No — not for children from countries that do not share a border with the U.S., like Guatemala. Federal law (the TVPRA) requires that these children go through full removal proceedings before an immigration judge. Expedited removal, which skips a hearing, is not allowed for them.
What rights does an unaccompanied child have in ORR custody?
Children in ORR custody have the right to be treated with dignity, the right to access a lawyer, and the right to a hearing before an immigration judge if the government wants to remove them. They also cannot be presented with a voluntary departure form until they have spoken by phone with a parent, relative, or legal services organization.
What is a 'class action' in this context, and does it protect my child?
The court certified a class — a legal group — of unaccompanied Guatemalan children in ORR custody. This means the court's order protecting them from removal applies to all children who fit that description, not just the original plaintiffs. The court denied expanding the class to children from all countries, so right now the injunction covers Guatemalan children specifically.
What should I do if I find out my child is about to be transferred or sent back to Guatemala?
Contact an immigration legal aid organization immediately — organizations like ProBAR operate in Texas and provide free help to children in shelters. Ask to speak with the child's attorney of record. If the child has a pending asylum case or credible fear claim, make sure that information is in the case file. Do not sign any paperwork without legal advice.