A legal aid group has sued to preemptively block any efforts by the U.S. government to deport a dozen Honduran children, saying it had 鈥渃redible鈥 information that such plans were quietly in the works.
The Arizona-based Florence Immigrant & Refugee Rights Project (FIRRP) on Friday added Honduran children to a lawsuit filed last weekend that resulted in a judge to their native Guatemala.
In a statement, the organization said it had received reports that the U.S. government will 鈥渋mminently move forward with a plan to illegally remove Honduran children in government custody as soon as this weekend, in direct violation of their right to seek protection in the United States and despite ongoing litigation that blocked similar attempted extra-legal removals for children from Guatemala.鈥
FIRRP did not immediately provide The Associated Press with details about what information it had received about the possible deportation of Honduran children. The amendment to the organization’s lawsuit is sealed in federal court. The Homeland Security Department did not immediately respond to email requests for comment on Friday and Saturday.
The Justice Department on Saturday provided what is perhaps its most detailed account of a chaotic Labor Day weekend involving the attempted deportation of 76 Guatemalan children. Its timeline was part of a request to lift a temporary hold on their removal.
Over Labor Day weekend, the Trump administration who had come to the U.S. alone and were living in shelters or with foster care families in the U.S.
Advocates who represent migrant children in court filed lawsuits across the country seeking to stop the government from removing the children, and on Sunday a federal judge stepped in to order that the kids stay in the U.S. for at least two weeks.
The government initially identified 457 Guatemalan children for possible deportation, according to Saturday’s filing. None could have a pending asylum screening or claim, resulting in the removal of 91. They had to have parents or legal guardians in Guatemala and be at least 10 years old.
In the end, 327 children were found eligible for deportation, including 76 who boarded planes early Sunday in what the government described as a first phase, according to a statement by Angie Salazar, acting director of the U.S. Health and Human Services Department鈥檚 Office of Refugee Resettlement. All 76 were at least 14 years old and 鈥渟elf-reported鈥 that they had a parent or legal guardian in Guatemala but none in the United States.
The Justice Department said no planes took off, despite a comment by one of its attorneys in court Sunday that one may have but returned.
Children who cross the border alone are generally transferred to the Office of Refugee Resettlement, which falls under the Health and Human Services Department. The children usually live in a network of shelters across the country that are overseen by the resettlement office until they are eventually released to a sponsor — usually a relative
Children began crossing the border alone in large numbers in 2014, in the 2022 fiscal year. July鈥檚 arrest tally translates to an annual clip of 5,712 arrests, reflecting how illegal crossings have in six decades.
Guatemalans accounted for 32% of residents at government-run holding facilities last year, followed by Hondurans, Mexicans and El Salvadorans. A 2008 law requires children to appear before an immigration judge with an opportunity to pursue asylum, unless they are from Canada and Mexico. The vast majority are released from shelters to parents, legal guardians or immediate family while their cases wind through court.
Justice Department lawyers said federal law allows the Department of Health and Human Services to 鈥渞epatriate鈥 or 鈥渞eunite鈥 children by taking them out of the U.S., as long as the child hasn鈥檛 been a victim of 鈥渟evere鈥 human trafficking, is not at risk for becoming so if he or she is returned to their native country and does not face a 鈥渁 credible fear鈥 of persecution there. The child also cannot be 鈥渞epatriated鈥 if he or she has a pending asylum claim.
The FIRRP lawsuit was amended to include 12 children from Honduras who have expressed to the Florence Project that they do not want to return to Honduras, as well as four additional children from Guatemala who have come into government custody in Arizona since the suit was initially filed last week.
Some children have parents who are already in the United States.
The lawsuit demands that the government allow the children their legal right to present their cases to an immigration judge, to have access to legal counsel and to be placed in the least restrictive setting that is in the best interest of the child.
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Associated Press reporters Rebecca Santana and Valerie Gonzalez contributed to this report from Washington, D.C. and Texas, respectively.
