An 8-year-old Haitian boy was taken into federal custody during an Immigration and Customs Enforcement (ICE) appointment, according to local advocates and school officials. The child, who attends Fay Elementary School in San Diego, was placed in government custody alone after attending the appointment with his uncle on Thursday.
The boy had been living with his uncle and cousins since his father was deported to Mexico over a year ago. His uncle accompanied him to the ICE appointment, as he was listed as the authorized caregiver on the child's school records.
ICE stated that because the uncle could not establish legal guardianship, agents treated the child as an unaccompanied minor. Under the Trafficking Victims Protection Reauthorization Act, such designations mandate the child's transfer to the Office of Refugee Resettlement (ORR) for care.
An ICE spokesperson explained that the agency removed the child from the household "out of an abundance of caution and to ensure the child’s safety," and placed him in ORR's care. ICE did not allege any wrongdoing or abuse by the uncle.
Advocates have raised concerns that this action could lead to deportation proceedings for the child. Guerline Jozef, executive director of the Haitian Bridge Alliance, called the detention "an excuse for [ICE] to remove the child and potentially put him in deportation proceedings." She added that the child appeared well-cared for and that there was no justification for his removal from relatives' care without proper procedures, especially given his father's prior deportation.
The San Diego Unified School District expressed its concern in a letter to the Department of Homeland Security, noting that children should not lose access to education due to their circumstances. The district has observed situations where children end up in government facilities instead of attending school.
The 8-year-old remains in ORR custody, and it is currently unclear if he will be removed from the United States. The child had lost Temporary Protected Status earlier this year.