Immigration Dispute: Boy Removed From Uncle's Care During San Diego Check-in
Federal agents placed an 8-year-old student in government custody after his uncle failed to prove legal guardianship.
By Ricardo Brooks ·
An 8-year-old Haitian boy currently remains in the custody of the Office of Refugee Resettlement in San Diego. Federal agents took the third grader into their care on Thursday following a routine appointment with Immigration and Customs Enforcement. The child had been attending Fay Elementary School with his uncle, who serves as his designated caregiver on school records.
The boy lost Temporary Protected Status earlier this year. He has lived with his uncle and cousins since his father was deported to Mexico last year. The San Diego Unified School District sent a letter to the Department of Homeland Security describing the events. The district noted that the boy received a notice to meet with an ICE agent. His uncle took him to the appointment to comply with the legal requirement. The school board stated the uncle was listed as an authorized caregiver on the boy's file.
ICE explained the removal in a statement provided to ABC News. A spokesperson said agents treated the boy as an unaccompanied child under the Trafficking Victims Protection Reauthorization Act. This federal law provides specific protections for unaccompanied immigrant children. The agency stated that the uncle could not establish legal guardianship. ICE did not allege any wrongdoing or abuse by the uncle during the process.
The agency invoked the law to mandate the transfer of the child. The spokesperson added that the move was made out of an abundance of caution to ensure the child's safety. The boy was placed in the care of the Office of Refugee Resettlement. It is not yet clear if he will be removed from the United States.
Guerline Jozef, executive director of the Haitian Bridge Alliance, criticized the decision. She stated that the family did not have the opportunity to arrange legal guardianship before the father's deportation. Jozef described the detention as an excuse for ICE to remove the child and potentially initiate deportation proceedings. She noted that the boy was well cared for and dressed appropriately before the removal. She argued there was no reason to remove him from his relatives without proper procedures, especially given the father's prior deportation.
Cody Petterson, a board trustee with the San Diego Unified School District, confirmed the uncle's status on school records. The district expressed concern in its letter to DHS. Officials said they have witnessed children who should be attending school instead finding themselves in government facilities. The district argued that children should not lose access to education due to circumstances unfolding around them.
The boy remains in federal care as of this week. The family and advocacy groups are monitoring the situation. The school district continues to advocate for the child's return to a supportive educational environment.
