Padilla, Durbin, Raskin, Jayapal Demand Answers on Trump Administration’s Unlawful Attempt to Deport Unaccompanied Guatemalan Children

WASHINGTON, D.C. - Today, U.S. Senator Alex Padilla (D-Calif.), Ranking Member of the Senate Judiciary Immigration Subcommittee, Senate Democratic Whip Dick Durbin (D-Ill.), Ranking Member of the Senate Judiciary Committee, Representative Jamie Raskin (D-Md.-08), Ranking Member of the House Judiciary Committee, and Representative Pramila Jayapal (D-Wash.-07), Ranking Member of the House Judiciary Immigration Subcommittee, demanded answers from the Trump Administration on their cruel efforts to unlawfully remove dozens of unaccompanied Guatemalan children from the United States in the middle of the night over Labor Day weekend.

In their letter to Secretary of State Marco Rubio, Attorney General Pam Bondi, Health and Human Services Secretary Robert F. Kennedy, Jr., and Secretary of Homeland Security Kristi Noem, the lawmakers demanded answers on the Administration's compliance with due process and confidentiality obligations under asylum law, the Trafficking Victims Protection Reauthorization Act (TVPRA), and other statutory protections afforded to unaccompanied children by law. They also asked for copies of the agreement the Administration said they made with the government of Guatemala regarding these removals and requested copies of training requirements for officials who interact with children.

"We write in response to deeply disturbing allegations that the Department of Health and Human Services' (HHS) Office of Refugee Resettlement (ORR) and Department of Homeland Security (DHS) attempted to unlawfully remove unaccompanied children (UACs) from the United States in the dead of night, during a holiday weekend," wrote the lawmakers. "We are concerned that you violated these children's due process and procedural rights, and in doing so, abandoned your legal obligation to safeguard the best interests of the children in your care."

"UACs are among the most vulnerable children attempting to navigate our complex immigration system. They must trust in the government's care, frequently having fled abuse, violence, and persecution abroad," continued the lawmakers. "They are entitled to notice and due process under the Constitution, and the Trafficking Victims Protections Reauthorization Act (TVPRA) sets forth special procedures for the removal or voluntary departure of UACs to ensure they receive such process."

The Trump Administration identified approximately 600 Guatemalan children living alone for removal, first notifying Office of Refugee Resettlement (ORR) staff on Friday night, August 29, to prepare children for deportation despite their ongoing immigration proceedings. Both attorneys and the children were shocked to learn for the first time that night that repatriations may occur. Late Saturday into Sunday morning, 76 Guatemalan children were put on planes for removal with no regard for their well-being or safety, as many children expressed immense fear of returning to Guatemala.

At 4:22 a.m. on Sunday, August 31, a federal judge issued an emergency temporary restraining order against the removals, but the Administration continued to place children onto planes until 10:30 a.m. Government officials did not respond to the judge's requests to transmit the court order to Department of Homeland Security (DHS) and ORR staff amid their ongoing attempts to deport these unaccompanied children, which prompted the judge to call an emergency hearing at 12:30 p.m. the same day.

The TVPRA sets forth specific procedures for the removal or voluntary departure of unaccompanied children, generally affording them the opportunity to appear before an immigration judge before DHS can remove them. The Guatemalan children in question did not have this opportunity - likely violating the TVPRA - nor did the Administration explain to them why their immigration court cases were taken off the docket.

Many of these children and their families strongly objected to their return to Guatemala, and many had pending applications for asylum, Special Immigrant Juvenile Status, or other protection. In fact, a majority of Guatemalan families contacted explicitly expressed that they did not request their children's return, according to a recent report by a Guatemalan attorney general's office. This report was then later substantiated by a Department of Justice attorney representing the government at a September 10 hearing, withdrawing the government's previous statements in court claiming parents had requested that their children be returned. After the hearing, D.C. District Court Judge Timothy J. Kelly extended the preliminary injunction, blocking the Administration from removing the children until September 16.

"As the Ranking Members of the Committees and Subcommittees with primary jurisdiction over the TVPRA and the [Immigration and Nationality Act], it is our responsibility to conduct oversight over implementation of these laws, ensuring that HHS, ORR, DHS, and the immigration courts meet their legal and ethical obligations under the law with respect to the care and protection of unaccompanied children. This situation is alarming, unacceptable, and raises serious concerns as to whether you are meeting your basic obligations to act in the best interests of children in your care," concluded the lawmakers.

The lawmakers demanded responses to a series of inquiries regarding the incident by September 29.

Full text of the letter is available here.

Issues: Immigration