Unaccompanied minors from Guatamala can't be deported, judge says
Every day, there seems to be some new court ruling pertaining to an executive order or other move by President Donald Trump to restore order to the U.S. immigration system or other part of the government thrown into chaos by former President Joe Biden and the Democrats.
Trump-appointed U.S. District Judge Timothy Kelly put another one in the loss column for Trump by ruling that unaccompanied minors from Guatemala can't be deported to be reunited with their parents, as the Trump administration was attempting to do.
The deportations have been blocked indefinitely until the case is resolved, with Kelly ruling that they likely violated the 2008 Trafficking Victims Protection Reauthorization Act.
Part of Kelly's trepidation came from testimony that the administration was telling the courts that the minor's guardian wanted them to return when that wasn't necessarily the case.
"Error-laden operation"
“While Defendants plunged ahead in the middle of the night with their ‘reunification’ plan and then represented to a judge that a parent or guardian had requested each child’s return, that turned out not to be true,” Kelly wrote.
“Such a rushed, seemingly error-laden operation to send unaccompanied alien children back to their home countries is one of the things that the TVPRA’s process prevents,” he continued.
The Justice Department had argued that it was following the law and judges didn't have jurisdiction to block the deportations.
“This case is uncomplicated, both legally and morally: where possible, unaccompanied alien children should be reunited with their parents or guardians. Their continued separation is a tragedy to be cured, not prolonged as Plaintiffs request classwide, regardless of a specific child’s best interest,” the DOJ wrote in court filings.
Undoubtedly, some illegal immigrant parents think their children will have a better life in the U.S. without them than in Guatemala with them, which is why some of them probably didn't request their childrens' return.
But what is the U.S. supposed to do with them? Farm them out to foster homes? Detain them indefinitely?
It's obvious
Obviously, they should go back with their parents, but Kelly isn't having it.
“There may be a better policy solution to this difficult, complex issue than what law requires,” Kelly wrote. “But a ‘policy disagreement with Congress,’ of course, is no license for the Executive ‘to ignore statutory mandates.’”
At least, Kelly's ruling didn't give the other side everything it wanted.
The ruling was limited to Guatemalan unaccompanied minors, rather than those from all countries covered by TVPRA, as the suit requested.