3rd grader went to immigration check-in with family, then ICE allegedly wouldn’t let him leave: ‘No reason for them to remove him’

An eight-year-old Haitian boy was taken into federal custody after attending an immigration check-in with his uncle, leaving his family, school officials, and immigration advocates questioning why the child was separated from his relatives, as reported by ABC News. The third grader, who attends Fay Elementary School in San Diego, California, reportedly went to the Immigration and Customs Enforcement (ICE) appointment with his uncle but was apparently not allowed to return home with him.

Writing to Secretary Mullin and Secretary Kennedy, the San Diego Unified School District (SDUSD) asserted that the boy received a letter instructing him to meet with an ICE agent. His uncle, who had reportedly been caring for him since his father was deported to Mexico more than a year ago, accompanied him because he did not want to violate the immigration requirements.

Cody Petterson, a board trustee with the SDUSD, told the outlet that the uncle was listed in school records as the child’s authorized caregiver. However, an ICE spokesperson reportedly said that agents acted under the Trafficking Victims Protection Reauthorization Act, a federal law that establishes protections for unaccompanied immigrant children. Since the uncle could not provide documentation establishing legal guardianship, officials treated the eight-year-old as an unaccompanied child and arranged for his transfer to the Office of Refugee Resettlement (ORR).

ICE apparently believes this is for the child’s own safety

The spokesperson said, “Out of an abundance of caution and to ensure the child’s safety, ICE determined it was best to remove the child from the household and place him in the care of the Office of Refugee Resettlement.” However, ICE apparently did not accuse the uncle of abuse or any other wrongdoing. The boy remains in ORR custody, although it is unclear whether he will ultimately face removal from the United States.

Guerline Jozef, executive director of the Haitian Bridge Alliance, criticized the decision, arguing that officials could have followed proper procedures without separating the child from his relatives. “This is not child protection. This is state-inflicted trauma disguised as immigration enforcement,” she said. She also mentioned that the boy’s father had not been given an opportunity to establish legal guardianship arrangements before his deportation.

Jozef described the child as well-dressed and properly cared for, questioning why authorities needed to remove him from his family. She also expressed concern that his detention could eventually lead to deportation proceedings. The HBA also urged the Trump administration to restore the Temporary Protected Status protections for Haitian families.

Following the incident, several officials, including California senators Alex Padilla and Adam Schiff, Congress members Juan Vargas, Sara Jacobs, and others, issued a letter to the Department of Homeland Security. In the letter, they urged the department to provide “confirmation on the child’s whereabouts” and an update on the steps the “agencies are taking to ensure he can be reunited” with his family.