An 8-year-old boy’s uncle took him to an ICE appointment in San Diego because he didn’t want to break the law, then agents took the boy away alone

An 8-year-old Haitian boy was taken into federal custody alone after attending an appointment with an Immigration and Customs Enforcement agent in San Diego. The child, who is a third grader at Fay Elementary School, had lost his Temporary Protected Status earlier this year. 

As reported by ABC News, his uncle, who has been caring for the boy since his father was deported to Mexico more than a year ago, brought him to the appointment because he did not want to break the law. The situation unfolded after the boy received a letter instructing him to meet with an agent. 

Cody Petterson, a board trustee with the San Diego Unified School District, confirmed the uncle was listed on school records as an authorized caregiver. Despite this, federal agents determined they could not verify legal guardianship. This led the agency to classify the boy as an unaccompanied child under the Trafficking Victims Protection Reauthorization Act.

ICE placed the child in the care of the Office of Refugee Resettlement

An ICE spokesperson stated the agency did not claim any wrongdoing or abuse by the uncle. The spokesperson added, “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.” The boy is currently held in the custody of the Office of Refugee Resettlement, and it remains unclear if he will face removal from the country.

The San Diego Unified School District sent a letter to the Department of Homeland Security addressing the incident. The district noted they have “witnessed situations in which children who should be attending school and participating in a supportive educational environment instead find themselves in government facilities.” They also stated, “Children should not lose access to education simply because of circumstances unfolding around them.”

Advocates are pushing back against the agency’s decision. Guerline Jozef, the executive director of the nonprofit Haitian Bridge Alliance, said the detention is “an excuse for [ICE] to remove the child and potentially put him in deportation proceedings.” 

Jozef emphasized that the child was safe and well-supported in his current home. She also criticized the lack of support provided to the family during previous legal processes, noting, “They did not give the father the opportunity or chance to actually put in place legal guardianship for the kid.”

Regarding the removal from his relatives, Jozef said, “He was dressed very well, and he is very well cared for.” She added, “There’s absolutely no reason for them to remove him from the care of his relatives without putting in place proper procedures for him, knowing very well that ICE already deported the father.”

The boy had reportedly been living with his uncle and cousins since his father was deported. While the government maintains that the transfer was necessary under federal law for unaccompanied minors, the community and school officials are highlighting the disruption this causes to a child’s life and education.