WASHINGTON (TNND) — A federal judge has blocked the Trump administration from immediately deporting Guatemalan migrant children who came to the United States on their own back to their home country.
On Thursday, U.S. District Judge Timothy Kelly made the decision after attempts over Labor Day weekend by the administration to remove the children living in government shelters and foster care, The Associated Press reports.
The administration had said they wanted to reunite the children with parents who wanted them back in Guatemala. But, they have since walked back the claim, instead arguing it has the right to return children in its care. The administration also noted it was acting for the Guatemalan government.
“But that explanation crumbled like a house of cards about a week later,” Kelly wrote in a briefing obtained by the AP. “There is no evidence before the Court that the parents of these children sought their return.”
A temporary injunction was in place, stopping the removal of the children, but had been set to expire on Tuesday. This led to Kelly deciding to grant a preliminary injunction extending the protection indefinitely. However, Trump’s administration can appeal.
Kelly, who was appointed by Trump, noted that there are temporary restraining orders in place blocking the removal of children from other countries. He noted any attempt to remove those children would “likely be unlawful.”
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The Associated Press contributed to this report.