By JACQUES BILLEAUD and MORGAN, LEE Associated Press
TUCSON, Ariz. (AP) — An Arizona judge temporarily blocked the Trump administration’s effort to remove Guatemalan and Honduran children living in shelters or foster care after coming to the U.S. alone, according to a decision Thursday.
U.S. District Judge Rosemary Marquez in Tucson extended a decision made over the Labor Day weekend.
Lawyers for the children said their clients have said they fear going home, and that the government is not following laws designed to protect migrant children.
A legal aid group filed a lawsuit in Arizona on behalf of 57 Guatemalan children and another 12 from Honduras between the ages 3 and 17.
Nearly all the children were in the custody of the U.S. Health and Human Services Department’s Office of Refugee Resettlement and living at shelters in the Phoenix and Tucson areas. Similar lawsuits filed in Illinois and Washington, D.C., seek to stop the government from removing the children.
The Arizona lawsuit demands that the government allow the children their 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 their best interest.
The Trump administration has argued it is acting in the best interest of the children by trying to reunite them with their families at the behest of the Guatemalan government. After Guatemalan officials toured U.S. detention facilities, the government said that it was “very concerned” and that it would take children who wanted to return voluntarily.
Children began crossing the border alone in large numbers in 2014, peaking at 152,060 in the 2022 fiscal year. July’s arrest tally translates to an annual clip of 5,712 arrests, reflecting how illegal crossings have dropped to their lowest levels in six decades.
Guatemalans accounted for 32% of residents at government-run holding facilities last year, followed by Hondurans, Mexicans and 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.
The Arizona lawsuit was amended to include 12 children from Honduras who have expressed to an Arizona legal aid group 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 lawsuit was initially filed on Aug. 30.
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