Overview

• U.S. District Judge Timothy J. Kelly barred removals of Guatemalan minors in federal custody who lack final removal orders or Attorney General permission to depart, keeping protections in place as the case proceeds.
• Kelly rejected the administration’s assertion that parents requested returns, citing a Guatemalan Attorney General report and a Justice Department walk-back of its initial claim.
• The decision follows the late‑night Labor Day operation that moved 76 children toward flights before an emergency order by Judge Sparkle Sooknanan halted departures.
• Kelly said the plan likely violates the Trafficking Victims Protection Reauthorization Act, and he noted that similar removals of other nationalities would likely be unlawful, though his order is limited to Guatemalan children.
• Court filings describe children awakened and transported in the night and include whistleblower allegations that many flagged for return showed indicators of victimization despite disputed screening assurances.