possible deportation

HARLINGEN, Texas — A U.S. judge at least temporarily blocked the government Sunday from deporting a group of Guatemalan children who had crossed the border without their families, after their lawyers said the youngsters were loaded onto planes overnight in violation of laws affording protections for migrant kids.

Attorneys for 10 Guatemalan children, ages 10 to 17, said in court papers filed late Saturday that there were reports that planes were set to take off within hours for the Central American country. But a federal judge in Washington said those children couldn’t be deported for at least 14 days, and after a hastily scheduled hearing Sunday, she emphasized that they needed to be taken off the planes and back to the Office of Refugee Resettlement facilities while the legal process plays out.

“I do not want there to be any ambiguity,” said Judge Sparkle L. Sooknanan, who said her ruling applies broadly to Guatemalan minors who arrived in the U.S. without their parents or guardians.

Government lawyers, meanwhile, maintained that the children weren’t being deported but rather reunited at the request of their parents or guardians — a claim that the children’s lawyers dispute, at least in some cases.

Similar emergency requests were filed in other parts of the country as well. Attorneys in Arizona and Illinois asked federal judges there to block deportations of unaccompanied minors, underscoring how the fight over the government’s efforts has quickly spread.

Immigrant advocates react

The episode has raised alarms among immigrant advocates, who say it may represent a violation of federal laws designed to protect children who arrive without their parents. While the deportations are on hold for now, the case underscores the high-stakes clash between the government’s immigration enforcement efforts and the legal safeguards that Congress created for some of the most vulnerable migrants.

At the border-area airport, the scene Sunday morning was unmistakably active. Buses carrying migrants pulled onto the tarmac as clusters of federal agents moved quickly between the vehicles and waiting aircraft. Police cars circled the perimeter, and officers and security guards pushed reporters back from the chain-link fences that line the field. On the runway, planes sat with engines idling, ground crews making final preparations as if departures could come at any moment — all as the courtroom battle played out hundreds of miles away in Washington.

Shaina Aber of Acacia Center for Justice, an immigrant legal defense group, said it was notified Saturday evening that an official list had been drafted with the names of Guatemalan children whom the U.S. administration would attempt to send back to their home country. Advocates learned that the flights would leave from the Texas cities of Harlingen and El Paso, Aber said.

She said she’d heard that federal Immigration and Customs Enforcement officials “were still taking the children,” having not gotten any guidance about the court order.

The Department of Homeland Security, Immigration and Customs Enforcement, and the Department of Health and Human Services did not immediately respond to requests for comment on Sunday.

Plans to remove nearly 700 Guatemalan children

The Trump administration is planning to remove nearly 700 Guatemalan children who came to the U.S. unaccompanied, according to a letter sent Friday by Sen. Ron Wyden of Oregon. The Guatemalan government has said it is ready to take them in.

It is another step in the Trump administration’s sweeping immigration enforcement efforts, which include plans to send a surge of 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.

Lawyers for the Guatemalan children said the U.S. government doesn’t have the authority to remove the youngsters and is depriving them of due process by preventing them from pursuing asylum claims or immigration relief. Many have active cases in immigration courts, according to the attorneys’ court filing in Washington.

Although the children are supposed to be in the care and custody of the Office of Refugee Resettlement, the government is “illegally transferring them to Immigration and Customs Enforcement custody to put them on flights to Guatemala, where they may face abuse, neglect, persecution, or torture,” argues the filing by attorneys with the Young Center for Immigrant Children’s Rights and the National Immigration Law Center.

An attorney with another advocacy group, the National Center for Youth Law, said the organization started hearing a few weeks ago from legal service providers that agents from Homeland Security Investigations — ICE’s investigative arm — were interviewing children, particularly from Guatemala, in Office of Refugee Resettlement facilities.

The agents asked the children about their relatives in Guatemala, said the attorney, Becky Wolozin.

Then on Friday, advocates across the country began getting word that their young clients’ immigration court hearings were being canceled, Wolozin said.

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., the children 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.

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

Due to their age and often traumatic experiences 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.

Guatemala willing to receive the unaccompanied minors

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 in the U.S. unaccompanied and are being held in government facilities.

Guatemala is particularly concerned about minors who could pass age limits for the children’s facilities and be sent to adult detention centers, he said.

President Bernardo Arévalo has said that his government has a moral and legal obligation to advocate for the children. His comments came days after U.S. Homeland Security Secretary Kristi Noem visited Guatemala.

Gonzalez and Santana write for the Associated Press and reported from Harlingen and Washington, respectively. AP writers Jennifer Peltz in New York and Corey Williams in Detroit contributed to this report.

BALTIMORE — Kilmar Abrego Garcia, whose case has become a flash point in President Trump’s aggressive effort to remove noncitizens from the U.S., was detained by immigration authorities in Baltimore on Monday to face renewed efforts to deport him after a brief period of freedom.

Abrego Garcia’s attorneys quickly filed a lawsuit to fight his deportation until a court has heard his claim for protection, stating that the U.S. could place him in a country where “his safety cannot be assured.”

The lawsuit triggered a blanket court order that automatically pauses deportation efforts for two days. The order applies to immigrants in Maryland who are challenging their detention.

Within hours of Abrego Garcia’s detention, his lawyers spoke with Department of Justice attorneys and a federal judge in Maryland, who warned that Abrego Garcia cannot be removed from the U.S. “at this juncture” because he must be allowed to exercise his constitutional right to contest deportation.

U.S. District Judge Paula Xinis said that overlapping court orders temporarily prohibit the government from removing Abrego Garcia, and that she would extend her own temporary restraining order barring his deportation.

Drew Ensign, a Justice Department attorney, told the judge that he understands Abrego Garcia’s “removal is not imminent” and that the process often takes time.

Crowd yells ‘shame!’

Abrego Garcia, a 30-year-old Maryland construction worker and Salvadoran national, spoke at a rally before he turned himself in.

“This administration has hit us hard, but I want to tell you guys something: God is with us, and God will never leave us,” Abrego Garcia said, speaking through a interpreter. “God will bring justice to all the injustice we are suffering.”

About 200 people gathered, prayed and crowded around Abrego Garcia while he walked into the offices for U.S. Immigration and Customs Enforcement in Baltimore, where he was detained. When his lawyer and wife walked out without him, the crowd yelled, “Shame!”

Homeland Security Secretary Kristi Noem posted on X that Abrego Garcia was being processed for deportation. U.S. Atty. Gen. Pam Bondi told Trump during a meeting in the Oval Office that Abrego Garcia “will no longer terrorize our country.”

Brief reunion with family

Abrego Garcia lived in Maryland for years with his American wife and children and worked in construction. He was wrongfully deported in March to a notorious prison in his native El Salvador because the Trump administration believed he was a member of the MS-13 gang, an allegation that Abrego Garcia denies.

His removal violated an immigration judge’s 2019 ruling that shielded him from deportation to his native country because he had “well-founded fear” of threats by a gang there.

Abrego Garcia’s wife sued to bring him back. Facing a U.S. Supreme Court order, the Trump administration returned him in June. He was subsequently charged in Tennessee with human smuggling. He has pleaded not guilty and asked a judge to dismiss the case on ground of vindictive prosecution.

The allegations stem from a 2022 traffic stop in Tennessee for speeding. Abrego Garcia was driving with nine passengers in the car, and officers discussed among themselves their suspicions of smuggling. He was allowed to continue driving with a warning.

The Trump administration has said it wants to deport Abrego Garcia before his trial, alleging he is a danger to the community and an MS-13 gang member.

A federal judge in Tennessee determined that Abrego Garcia was not a flight risk or a danger. He was released from jail Friday afternoon and returned to his family in Maryland.

Video released by advocates of the reunion showed a room decorated with streamers, flowers and signs. He embraced loved ones and thanked them “for everything.”

What’s next?

Federal officials argue that Abrego Garcia can be deported because he came to the U.S. illegally and that the immigration judge’s 2019 ruling deemed him eligible for expulsion, just not to his native El Salvador.

Attorney Simon Sandoval-Moshenberg told reporters Monday that Abrego Garcia is being held in a detention facility in Virginia. His lawyers don’t know when he’ll have a reasonable-fear interview, where he can express fears of persecution or torture in the country the U.S. wants to send him. Officials have said it’s Uganda.

Abrego Garcia’s attorneys have raised concerns about human rights abuses in Uganda as well as his limited ability to speak English in a country where that’s the national language. But there are also unanswered questions about whether he could be imprisoned or sent on to El Salvador. A judge blocked the U.S. from sending Abrego Garcia back in 2019 because he faces credible threats from gangs there.

Uganda recently agreed to take deportees from the U.S., provided they do not have criminal records and are not unaccompanied minors.

“We don’t know whether Uganda will even let him walk around freely in Kampala or whether he’ll be inside of a Ugandan jail cell, much less whether they are going to let him stay,” the attorney said.

If immigration officials determine that Abrego Garcia lacks a reasonable fear of being sent to Uganda, he should be able to ask a U.S. immigration judge to review that decision, Sandoval-Moshenberg said. And if the immigration judge upholds the determination, Abrego Garcia should be able to bring it to the U.S. Court of Appeals.

Sandoval-Moshenberg said that’s the process when someone is slated for deportation to their native country. And he said it should be for third-country deportations as well.

“This is all so very new and unprecedented. … We will see what the government’s position on that is,” he said.

Abrego Garcia informed ICE over the weekend that Costa Rica was an acceptable country of removal because he had “received assurances from Costa Rica that they would give him refugee status, that he would be at liberty in that country, and that he will not be re-deported onto El Salvador,” his lawyer said.

“Costa Rica is not justice,” Sandoval-Moshenberg said. “It is an acceptably less-bad option.”

The notice to ICE about Costa Rica was separate from an offer made by federal prosecutors in Tennessee to send Abrego Garcia to the Central American nation in exchange for pleading guilty to human smuggling charges. Abrego Garcia declined the proposal.

Witte, Loller, Kunzelman and Finley write for the Associated Press.