SAN DIEGO, Calif. — An 8-year-old Haitian boy attending Fay Elementary School in San Diego was taken into federal custody Nov. 5 after appearing for a scheduled appointment with U.S. Immigration and Customs Enforcement, prompting demands from school officials and members of Congress for his release.
The third grader had been living with his uncle since his father was deported more than a year ago, according to a letter from San Diego Unified School District officials to the Department of Homeland Security and the Department of Health and Human Services.
The letter stated that the boy’s uncle took him to the appointment because “he did not want to break the law.”
Instead, federal agents separated the child from his uncle and transferred him to the custody of the Office of Refugee Resettlement, which operates under the Department of Health and Human Services.
“This child was placed in a federal facility operated by the Office of Refugee Resettlement (ORR), awaiting reunification processes to unfold, while having to endure the emotional toll of being separated from their family, the interruption to their schooling and the stability of their daily routine,” school officials wrote.
According to NBC San Diego, DHS said agents took the boy into custody because his uncle could not establish that he was his legal guardian.
The agency said it designated the boy as an unaccompanied child under the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, which establishes protections for unaccompanied immigrant children.
“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,” a DHS spokesperson said.
Federal officials denied that agents had acted improperly, maintaining that the transfer was necessary to protect the child.
However, San Diego Unified school board trustee Cody Petterson told KPBS that the uncle was listed in school records as an authorized caregiver.
Petterson said the boy’s father had entrusted his care to the uncle before being deported.
The boy had previously held Temporary Protected Status, a federal designation allowing eligible nationals of designated countries to remain temporarily in the United States because of dangerous conditions in their home countries.
The Trump administration ended TPS protections for Haitians earlier this year, following litigation over the administration’s authority to terminate the designation.
School officials argued that changes in immigration policy were disrupting children’s education and separating students from established support networks.
“Children should not lose access to education simply because of circumstances unfolding around them,” the district’s letter stated.
The school district called on federal authorities to prioritize placing children near their communities, establish formal coordination procedures with school districts and preserve educational continuity during immigration proceedings.
Officials also requested that children be placed with eligible relatives or foster families within their existing school communities whenever possible.
The district urged federal authorities to return the boy to his uncle’s care.
Under federal regulations governing unaccompanied children, the Office of Refugee Resettlement may release children to eligible sponsors, including parents, legal guardians and adult relatives, without unnecessary delay.
Federal regulations also require the agency to assess potential sponsors to determine whether they can provide for a child’s physical and mental well-being.
That assessment includes verifying the sponsor’s identity, evaluating the proposed living arrangements and considering the sponsor’s relationship with the child.
Guerline Jozef, executive director of the Haitian Bridge Alliance, condemned the separation, arguing that immigration authorities had failed to account for the child’s established family relationships.
“This is state-inflicted trauma disguised as immigration enforcement,” Jozef said in a statement.
She argued that federal authorities should have allowed the boy’s father to establish guardianship arrangements before his deportation.
The case also prompted congressional scrutiny.
On Nov. 10, California Sens. Alex Padilla and Adam Schiff joined Reps. Juan Vargas, Sara Jacobs, Scott Peters and Mike Levin in sending a letter to federal officials demanding answers about the child’s treatment.
The lawmakers raised concerns about video footage appearing to show the boy being restrained while federal agents escorted him from the immigration office.
They requested information about the legal justification for the detention, the child’s current location and the steps being taken to reunite him with family.
According to NBC San Diego, the boy remained in ORR custody as of the latest available reporting, and it was unclear whether he would face removal proceedings.
Federal officials had not publicly announced a date for his release or reunification with his uncle.
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