Yeah, that, too. Weirdly, Ensign told the judge that this authorizes the Secretary of Homeland Security to reunify migrant children with parents abroad. (And I specifically remember him saying that bc I was like..huh????????) But notice sent by ORR to care providers said it was working w/ DHS
![IMMEDIATE ATTN: REUNIFICATION OF UNACCOMPANIED CHILDREN NOTICE TO ATTORNEYS OF RECORD You are receiving this notice as the attorney of record for [UAC Name]. The Government of Guatemala has requested the return of certain unaccompanied alien children in federal custody for the purposes of reunifying the UAC with suitable family members. The United States Government is determined to honor this request, and to that end ORR is cooperating with interagency partners at the Department of Homeland Security and the Department of Justice/Executive Office for Immigration Review to reunify UAC who meet the following parameters with their parents) in Guatemala, under ORR's authority at 6 U.S.C. 279(b)(1)(H): • Child is a national of Guatemala; Child does not have a parent or legal guardian in the United States who is sponsoring the child; • Child has a parent or legal guardian in Guatemala; Child does not have credible fear claim or a pending asylum case; ORR is assured the child will not be trafficked upon their return; Child is medically cleared for travel; Child does not have indications of being a victim of trafficking; and • Child does not have indications of child abuse/neglect perpetrated by a parent/legal guardian. ORR has conducted an evaluation and determined that [UAC Name] has been identified as meeting the above criteria as of the time of this note. For children for whom an NTA has been filed with an Immigration Court. This communication is provided as advance notice that removal proceedings may be dismissed to support the prompt repatriation of the child. As a reminder, ORR is not a party to the immigration proceedings of the child and is unable to confirm the possible outcome of individual removal proceedings. ORR expects repatriation travel to begin on Sunday, August 31, 2025. If you have reason to suspect that your client does not meet the above criteria, please contact ORR at ORRGuatemalaReunification@acf.hhs.gov and let the ICE Chief Counsel's Office know as …](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:t4x2ruk2qmob2b2cx55h4v7r/bafkreic75epqzed7pxcvehz276xtccuco6sxim36fnnnx7tmmhvon6tywi@jpeg)
*Sorry I mean notice sent to ATTORNEYS (but they also sent different notices to the ORR care providers)
correct me if I'm wrong, but the judge read from an affidavit from a child claiming to have a "pending asylum case"... and here is ORR claiming that is untrue?
I mean yeah, there’s that too. And clearly some of these kids have indications of parental abuse/neglect etc. Ensign said he wanted to brief the matter/file a response to those issues…he didn’t seem like have an explanation
true, but that rests on the question of "credible" fear -- so DoJ can just claim they don't think the child is credible, and it even if DoJ loses, it will be looked at as a judgment call. But whether the child has a pending asylum claim at the time of his/her removal is a "true or false" question