Guatemalan children caught between deportation and exploitation in the US

Over Labor Day weekend, US immigration authorities attempted to deport hundreds of Guatemalan children without hearings or due process. The plan unraveled when immigrant rights groups sued, prompting a federal judge to issue an emergency order halting the removals. The case raises serious concerns about the government’s disregard for protections to safeguard unaccompanied minors from trafficking and abuse.

Lawsuit challenges illegal removals

The National Immigration Law Center (NILC) filed the lawsuit, arguing that the government had secretly coordinated with the Guatemalan government to repatriate more than 600 children. The plan, attorneys said, bypassed immigration proceedings and stripped minors of their right to seek asylum.

Krish O’Mara Vignarajah, president and CEO of Global Refuge, told Newsweek,

 Protections for these children were enacted with bipartisan support to ensure that vulnerable children are screened for trafficking, abuse, or fear of persecution before any decision is made about their future. Any new policy must be consistent with these longstanding legal protections and grounded in child welfare best practices.

At the heart of the case are safeguards under the Trafficking Victims Protection Reauthorization Act (TVPRA). These prohibit the expedited removal of unaccompanied minors from non-contiguous countries and requires screening for trafficking, abuse, and fear of persecution. Advocates argue the administration’s actions violated these protections, the Immigration and Nationality Act, and constitutional due process rights.

Officials insisted the flights were meant to reunite children with families in Guatemala. However, lawyers countered that this narrative masks the reality: children were woken at 1 a.m., placed on planes, and nearly expelled to conditions they fear. Many of the minors expressed terror at the threat of gangs, domestic abuse, and human trafficking on return.

A wider failure to protect

These deportation attempts highlight a broader pattern of failing to protect Guatemalan children. Poverty and violence have driven migration, leaving teenagers desperate to stay in the US even if it means hazardous work. A 2023 investigation found that Guatemalan minors were among those entering dangerous industries with falsified documents, fueling a rise in child labor violations.

The consequences have been deadly. In 2023, 16-year-old Guatemalan migrant Duvan Tomas was killed while cleaning machinery at a poultry plant. Earlier this year, federal investigators fined Perdue Farms and JBS $8 million after uncovering widespread child labor. At the same time, several states have rolled back child labor protections, exposing migrant children to even greater risks.

Seen together, the lawsuit and the deportation attempt illustrate how quickly legal safeguards can be cast aside, leaving vulnerable children in limbo. Though the court has blocked the immediate removals, hundreds of Guatemalan minors remain at risk. Without stronger protections and enforcement of child labor laws, the cycle of danger — from deportation to exploitation — will continue.

The United States has a duty under domestic and international law to protect children from trafficking and modern slavery. Join Freedom United in calling for an end to policies that abandon vulnerable children to harm and demand stronger protections that prioritize their safety and rights.