An 8-year-old Haitian boy was placed into federal custody alone after attending an Immigration and Customs Enforcement check-in with his uncle in San Diego on Thursday. The third grader, who attends Fay Elementary School, was detained after losing his Temporary Protected Status earlier this year, according to local advocacy groups and school officials.
Detention Following an ICE Appointment in San Diego
The young student had been living with his uncle and cousins following the deportation of his father to Mexico more than a year prior. When the child received a letter requiring a meeting with an ICE agent, the uncle accompanied him to ensure compliance with the law.
“The eight-year-old received a letter to meet with an ICE agent,” the San Diego Unified School District explained in a letter addressed to the Department of Homeland Security. “His uncle, with whom he’s been living since the child’s father was deported more than a year ago, took him to meet the agent because he did not want to break the law.”
School records listed the uncle as an authorized caregiver for the boy. However, federal immigration authorities stated that because the relative could not establish official legal guardianship, the child had to be processed separately.
Why Immigration Officials Took the Child
A spokesperson for ICE stated that agents treated the third grader as an unaccompanied child under the Trafficking Victims Protection Reauthorization Act. This federal statute governs protections and procedures for unaccompanied immigrant minors.
- The uncle was not accused of any wrongdoing or abuse by federal authorities.
- ICE maintained that the minor was removed from the household and transferred to the Office of Refugee Resettlement out of an abundance of caution and to ensure safety.
- Advocacy organizations and school officials confirmed the student remains in ORR custody, while uncertainty surrounds potential deportation proceedings.
Reactions From Advocates and School Officials
Leaders within the local community and educational sector voiced strong opposition to the federal action. Guerline Jozef, executive director of the non-profit Haitian Bridge Alliance, criticized the handling of the case.
“They did not give the father the opportunity or chance to actually put in place legal guardianship for the kid,” Jozef stated. She added that the child was well-dressed and properly cared for, asserting there was no valid reason to remove him from relatives without proper procedures, especially given the prior deportation of the father.
The San Diego Unified School District, including board trustee Cody Petterson, expressed deep concern over the impact of immigration enforcement on students. In their communication with DHS, officials noted instances where children are pulled from supportive educational environments and placed into government facilities instead of attending school.
Frequently Asked Questions
Who is the 8-year-old boy taken into federal custody?
An 8-year-old third grader who attends Fay Elementary School in San Diego and lost his Temporary Protected Status earlier this year was placed into government custody alone after an ICE check-in.
Why was the boy separated from his uncle?
According to an ICE spokesperson, the uncle could not establish legal guardianship during the check-in appointment. Consequently, federal agents invoked the Trafficking Victims Protection Reauthorization Act to treat the child as an unaccompanied minor.
Where is the child currently being held?
Following his removal from the household, the 8-year-old boy was placed into the care of the Office of Refugee Resettlement, where he remains while his future status stays unclear.