Taken alone from his uncle at an ICE check-in, 8-year-old Haitian boy placed in federal custody, advocates say
Taken into custody at check-in
The boy went with his uncle to an Immigration and Customs Enforcement appointment on Thursday. San Diego Unified School District and an advocacy group said he was then placed in government custody alone.
The district said the boy had received a letter instructing him to meet with an ICE agent. His uncle took him because he did not want to break the law, according to the district’s letter to the Department of Homeland Security.
Family care and legal status
Advocates and school officials said the boy had lived with his uncle and cousins since his father was deported to Mexico more than a year ago. The boy lost Temporary Protected Status earlier this year.
Cody Petterson, a San Diego Unified board trustee, told ABC News that the uncle was listed in school records as an authorized caregiver. Guerline Jozef, executive director of the Haitian Bridge Alliance, said the father had not been given a chance to arrange legal guardianship.
ICE cites federal protections
An ICE spokesperson told ABC News that agents classified the boy as an unaccompanied child because his uncle could not establish legal guardianship. The agency said the Trafficking Victims Protection Reauthorization Act requires transferring children designated as unaccompanied minors.
ICE did not allege wrongdoing or abuse by the uncle. The school district and an advocacy group said the boy remains in custody of the Office of Refugee Resettlement, and his possible removal from the United States is unknown.
School raises concerns
The district said children should not lose access to education because of circumstances affecting them. In its letter to DHS, officials said they had seen children who should be learning in supportive school settings end up in government facilities.
Jozef said the boy was well cared for and questioned removing him from relatives without proper procedures. She described the detention as potentially leading to deportation proceedings.
Key points
- The 8-year-old was taken into federal custody after an ICE appointment with his uncle.
- His father was deported to Mexico, and the boy had been living with relatives.
- ICE said the uncle could not establish legal guardianship and classified the boy as unaccompanied.
- The boy remains in ORR custody; whether he will be removed from the United States is unclear.