Judge blocks midnight deportation of Guatemalan children

Federal JSJudge Sparkle L. Sooknanan issued an emergency restraining order at 2:35 AM on August 31, 2025, blocking the deportation of Guatemalan children aged 10-17. The judge called the government's midnight repatriation attempt on a holiday weekend "surprising." Her order protects all Guatemalan unaccompanied minors in federal custody for 14 days.

Immigration officials woke children at shelters in the middle of the night for immediate removal flights to Guatemala. The children were "terrified and confused" after being roused from sleep for deportation. Some children had already been placed on planes before lawyers could reach the court.

The Trafficking Victims Protection Reauthorization Act (TVPRA) provides special protections for unaccompanied minors from noncontiguous countries. Federal law requires full removal proceedings before an immigration judge before these children can be deported. The TVPRA also mandates that children remain in Office of Refugee Resettlement (ORR) custody during their proceedings.

Lawyers filed an emergency temporary restraining order (TRO) just after 1:00 AM ET on August 31, 2025. They reached Judge Sooknanan on emergency duty around 2:35 AM. The court issued emergency relief that morning, stopping the deportation flights.

The government argued these actions were 'repatriations and reunifications' rather than removals, claiming parental consent authorized the transfers. Plaintiffs and legal scholars countered that TVPRA protections still apply regardless of how the government characterizes the removals. The legal question of whether parental phone consent can bypass statutory protections remains contested in court.

The court's minute order bars the transfer, repatriation, removal, or facilitation of transport for any Guatemalan unaccompanied minor in ORR custody as of 1:02 AM on August 31, 2025, for 14 days. Children who'd been placed on planes were deplaned and returned to shelters by evening on August 31. The government told the court that planes had been grounded.

Plaintiffs estimated roughly 600 Guatemalan unaccompanied minors were at risk on August 31, 2025. The Department of Homeland Security didn't release an immediate, independently verified national count that day. The exact number of children affected by the midnight deportation attempt remains uncertain.

Judge Sooknanan serves on the U.S. District Court for the 🏛️District of Columbia. She was appointed to the federal bench and handles immigration and administrative law cases. Her emergency intervention prevented the completion of the midnight deportation operation.