8-Year-Old Haitian Boy Held Alone in Federal Custody After ICE Appointment
The child was removed from his uncle's home in San Diego because the relative lacked formal legal guardianship, prompting a transfer to a federal refugee care center.
By Jonathan Ramirez ·
An 8-year-old Haitian boy from San Diego is currently held in federal custody alone. He was taken into government care on Thursday after an appointment with Immigration and Customs Enforcement. Local advocates and school officials confirmed the boy is now in the hands of the Office of Refugee Resettlement.
The third grader attends Fay Elementary School. He has lived with his uncle and cousins since his father was deported to Mexico more than a year ago. His uncle took him to the ICE check-in because he did not want to break the law. The boy had previously lost Temporary Protected Status earlier this year.
ICE agents designated the child as an unaccompanied minor. This classification was made because the uncle could not establish legal guardianship. The agency invoked the Trafficking Victims Protection Reauthorization Act, a federal law that mandates protections for unaccompanied immigrant children. ICE stated it removed the boy out of an abundance of caution to ensure his safety. The agency did not allege any wrongdoing or abuse by the uncle.
The San Diego Unified School District noted that the uncle was listed as an authorized caregiver on school records. Cody Petterson, a board trustee with the district, confirmed this designation. The district told the Department of Homeland Security that the boy received a letter to meet with an ICE agent. The uncle complied with the request. The district said it has witnessed children who should be in school instead find themselves in government facilities.
Guerline Jozef, executive director of the Haitian Bridge Alliance, criticized the detention. She stated that the father was not given the opportunity to put in place legal guardianship for the child. Jozef described the boy as well-cared for and well-dressed. She argued there was no reason to remove him from the care of his relatives without proper procedures. She called the detention an excuse for ICE to remove the child and potentially place him in deportation proceedings.
The boy remains in the custody of the Office of Refugee Resettlement. It is not yet clear if he will be removed from the United States. The school district told DHS that children should not lose access to education because of circumstances unfolding around them. The boy’s father was deported to Mexico last year. The boy’s uncle has been his primary guardian since that time.
