Unaccompanied Guatemalan migrant children in the U.S. have described their experiences as ‘traumatizing’ and filled with ‘depression’ following a series of attempts by the Trump administration to remove them from the country without notifying their families or ensuring their legal rights were respected.
A declaration filed in court by a 16-year-old child highlights the anxiety that multiple minors faced in a Texas shelter when they were abruptly awoken in the early hours of the morning and told of imminent deportation to Guatemala.
The teenager, referred to in court documents by the initials A.J.D.E., recounted fearing for his life, having fled Guatemala after the violent murder of his sister.
‘I am afraid to return to Guatemala,’ A.J.D.E. stated in his declaration. ‘I was worried that I would be killed.’
His mother, residing in Guatemala, had no prior knowledge of the planned removal. ‘She does not want me to return. She does not have the resources to care for me. My father is not a part of my life. I have no other family who could receive me,’ he explained.
Thirteen additional declarations from similar minors were submitted to the court, revealing a widespread fear among these children regarding gang recruitment and violence they could face if returned to Guatemala.
In particular, A.J.D.E. expressed feelings of ongoing trauma, stating, ‘I don’t even know how to explain it.’ Another teenager, identified as A.R.M.D. in court documents, also described waking up in fear, noting, ‘I just keep thinking about them trying to return me to Guatemala. I feel depressed.’
The U.S. government, alongside officials from Guatemala, has labeled their actions as ‘repatriations’ and ‘reunifications of children.’ This terminology emerged following an agreement that was facilitated by Homeland Security Secretary Kristi Noem’s visit to Guatemala in July.
However, legal representatives for the minors assert that the removals were not appropriate repatriations, arguing there is no evidence that the U.S. Immigration and Customs Enforcement (ICE) is adhering to legal obligations designed to protect these children.
Efrén C. Olivares, vice president of litigation and legal strategy at the National Immigration Law Center, criticized the characterizations of these actions, stating, ‘If these are benign repatriations, that’s not how they happen.’
Many advocates believe the attempted removals violate a series of protections established by Congress for unaccompanied migrant children, particularly under the Trafficking Victims Protection Reauthorization Act of 2008. This act mandates that children be placed in the least restrictive setting possible during their immigration proceedings, with strict protocols for safe repatriation.
The act also stipulates that a child can request voluntary departure, which must be authorized by an immigration judge to ensure no coercion is involved, or that a parent can claim their child.
Court documents indicate that many of the minors have expressed a desire not to return to Guatemala or reveal that their parents never requested their return. Parental declarations also support these claims, as some parents stated they never asked for their children to be sent back.
Jennifer Anzardo Valdes, who directs children’s legal services at the International Rescue Committee, reported that two Guatemalan teenage girls from Texas were mistakenly identified as wanting to return to Guatemala when they appeared before an immigration judge. The girls told the judge of their fears surrounding deportation and that information regarding their wills had been misrepresented.
Despite their reassurances to the judge, the girls were subsequently removed from their foster homes and placed on a bus for over 12 hours before being returned to an Office of Refugee Resettlement (ORR) facility. They had no opportunity to say goodbye to their foster families, leading to emotional distress.
‘All of them were really sad to be pulled away from their foster home,’ Valdes observed.
The anxiety proved particularly intense for one of the girls, who is part of the Mayan community, noting her fear of returning to a place where she might face serious harm: ‘I come from a community where kids disappeared… I thought that was going to happen to me.’
Reports suggest that the federal government may plan to remove as many as 700 unaccompanied Guatemalan children in total, according to information shared by whistleblowers.
Senator Ron Wyden of Oregon raised concerns, referencing a letter directed to the Office of Refugee Resettlement which detailed these removal plans. Court records show a certain number of minors were prepared for deportation, with flights to Guatemala grounded at the last minute.
In one instance, a judge in Arizona prohibited the removals of 53 unaccompanied Guatemalan minors, reflecting a growing judicial pushback against these actions.
Shaina Aber, executive director of the Acacia Center for Justice, highlighted the unique challenges faced by these children, stating, ‘Children who are in ORR custody have fled difficult circumstances. Some have been orphans, some have been persecuted, abandoned, trafficked, or sold.’
Aber emphasized the lasting impacts of trauma on these vulnerable children, many of whom continue to experience significant fear and anxiety related to their uncertain futures and the threat of forced return.
The legal and emotional battles these unaccompanied minors face continue, as advocates and organization work tirelessly to secure their rights and ensure they are not sent back to life-threatening situations.
This unfolding legal saga underscores the complexities and challenges inherent in the U.S. immigration system, especially for the most vulnerable, who are seeking safety and a chance for a better life.
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