The Guatemalan Minors Case and the ‘Unaccompanied Alien Children’ Nightmare

Federal government restores common sense, turning to statutes to save kids from trafficking and uncertainty.

Washington, D.C.– The federal government is pushing back against a recent court order blocking the return of 76 Guatemalan minors, arguing that long-standing statutes give the Office of Refugee Resettlement (ORR) authority to reunite children with parents abroad when safe and appropriate.

On August 31, Judge Sparkle Sooknanan of the U.S. District Court for the District of Columbia directed the government to halt efforts to repatriate the children, citing provisions of the Trafficking Victims Protection Reauthorization Act (TVPRA). But in its response, the Department of Justice emphasized that Congress has also charged ORR with reuniting unaccompanied alien children (UACs) with their families overseas — a step Guatemala has formally requested.

For years, U.S. policy has funneled most UACs into lengthy court proceedings and placement with sponsors in the United States, a system widely criticized as fueling child smuggling and exploitation. The new approach, if upheld in L.G.M.L. v. Noem, would prioritize safe reunification with parents or legal guardians in home countries, reducing the risks posed by traffickers and uncertain placements.

This case underscores both the failures of existing UAC law and the opportunity to move toward a more orderly, humane system of child protection and repatriation.