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.

Earlier this year, Senator Padilla led seven Senators in sounding the alarm on troubling reports that ORR unlawfully granted expanded access to sensitive data on unaccompanied children and their sponsors to DHS' Immigration and Customs Enforcement (ICE). The Senators raised serious concerns that ICE could misuse this confidential information to enact mass deportations and detain immigrant families and demanded DHS Secretary Noem and HHS Secretary Kennedy immediately cease this misguided practice. In March, Padilla blasted the Trump Administration's stop work order to organizations that provide legal services for unaccompanied children and demanded they protect Congressionally mandated legal representation for these children in the immigration system.

Full text of the letter is available here and below:

Dear Secretary Rubio, Attorney General Bondi, Secretary Kennedy, and Secretary Noem:

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. 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.

On the evening of Friday, August 29, staff at ORR shelters received notice to prepare children to depart the country, and attorneys for the children learned for the first time that their clients were facing return to Guatemala. In the wee hours of Sunday, August 31, the Trump administration put 76 Guatemalan children on planes bound for Guatemala. These planned removals came as a total surprise to the children and their attorneys, as many, if not all, of the children that DHS attempted to remove were properly participating in ongoing immigration court proceedings and requesting relief from removal because they did not want to, and in many cases feared, return to their home country. Even after a federal judge issued a temporary restraining order (TRO) at 4:22am, children continued to be transferred onto planes as late as 10:30am. Reports suggest that government officials did not respond to requests by the presiding federal judge to transmit the court's order to your Departments to ensure compliance, even as officials worked through the night to rush these children out of the country.

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. 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. If DHS seeks to remove any UAC who is not from Mexico or Canada, it must place the child in removal proceedings under section 240 of the Immigration and Nationality Act (INA) and wait until such child is issued a final order of removal or receives voluntary departure after an Immigration Judge adjudication. As noted above, many children slated for "repatriation" were in such proceedings and had not received a final order of removal or agreed to voluntary departure. Most received no explanation from the government as to why their cases were being dropped from immigration court dockets.

Multiple public reports indicate these actions were part of an orchestrated plan to remove hundreds of Guatemalan children without any regard for their best interests, wishes, or safety. Affidavits submitted to the U.S. District Court for the District of Columbia indicate that many of the children on the planes expressed fear of returning to Guatemala and had pending applications for asylum, Special Immigrant Juvenile Status, or other protection. According to a report by a Guatemalan attorney general's office, and contrary to initial assertions by the Trump Administration, Guatemalan authorities were unable to contact the vast majority of the families of the children slated for return, and the majority of those who they did contact stated that they did not request their children's return and, in fact, "expressed anger" at the prospect of their children being returned; some even described their contact with Guatemalan officials as "intimidating" and said they were told that they needed to take their children back. This report was then later substantiated by a Department of Justice attorney representing the government at a September 10th hearing, withdrawing the government's previous statements in court. It also does not appear that children were screened for concerns related to abuse or neglect in their home country.

As the Ranking Members of the Committees and Subcommittees with primary jurisdiction over the TVPRA and the INA, 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.

Accordingly, we ask the Departments to provide written responses to the inquiries below by no later than September 29, 2025:

1. What steps are DHS and ORR taking to meet their legal obligation to ensure that children from noncontiguous countries are given the proper opportunity to appear before an immigration judge if DHS seeks to remove that unaccompanied child from the United States?

2. What are the terms of agreement the Trump Administration made with the government of Guatemala to initiate these repatriations? Please share a copy of the agreement.

3. How many Guatemalan children in ORR custody have final orders of removal from an immigration judge? How many have requested voluntary departure before an immigration judge, and/or had that request adjudicated?

4. What are the training requirements for officials who interview or question children? Please provide a copy of training materials.

5. For children who have been granted voluntary departure or have a final removal order, how are the agencies ensuring that protocols are followed to ensure safe repatriation as required by law?

6. Under what authority are children who have pending asylum cases or other immigration benefits requests determined eligible for removal or repatriation?

7. How are the agencies ensuring compliance with confidentiality regulations under asylum law or other statutory confidentiality requirements that are applicable based on the type of application filed by the child, including ensuring that information included in asylum applications is not shared with the child's country of origin?

We understand that responses to some of these questions may relate to ongoing litigation; however, the Supreme Court has held that legal proceedings do not limit the right of Congress to conduct its own investigations. You are obligated to produce the requested information.

Thank you for your prompt attention to this matter. We look forward to receiving your responses in a timely manner.

###