An 8-year-old Haitian boy was taken into federal custody by Immigration and Customs Enforcement (ICE) during a routine immigration check-in in San Diego on November 5, according to federal and school district officials. The child, who has not been publicly identified, was transferred to the Office of Refugee Resettlement (ORR) under the Trafficking Victims Protection Authorization Act, which requires unaccompanied minors without a parent or legal guardian to be placed in federal care.
The boy was accompanied by a man who identified himself as his uncle but could not establish legal guardianship. ICE stated in a statement that the action was taken “out of an abundance of caution” to ensure the child’s safety. The agency added that the boy was brought into the U.S. with a man who identified himself as his father, though the father was previously removed to Mexico by Border Patrol and has never been in ICE custody.
The San Diego Unified School District confirmed the boy is a third-grader at Fay Elementary School and has been in the care of his uncle and cousins after his father’s deportation last year. On November 6, district officials sent a letter to Homeland Security Secretary Markwayne Mullin and Health and Human Services Secretary Robert F. Kennedy Jr. detailing the case and requesting intervention.
As of Monday, the boy’s location within the federal system remains unknown to his family, according to a California lawmaker. A video obtained by NBC San Diego showed the boy being led away by three immigration officers during the check-in.
Legal and Policy Context
The boy’s Temporary Protected Status (TPS), which had shielded Haitians from deportation following the 2010 earthquake, was terminated this summer after a Supreme Court decision allowed the Trump administration to end protections. Haiti has since faced escalating gang violence, with much of the capital under armed group control following the 2021 assassination of the president.
Federal officials stated the boy was brought into the U.S. with a man claiming to be his father, though the father was deported to Mexico. The uncle, who has been caring for the child, was present during the check-in but could not provide legal documentation of guardianship. ICE cited the Trafficking Victims Protection Authorization Act as the basis for taking the child into custody.
Reactions from Advocates and Officials
The Haitian Bridge Alliance, an immigrant rights group, criticized the action, stating that the uncle followed all rules but the child was still taken into custody. The group’s executive director, Guerline Jozef, said in a statement that the boy was separated from his family despite compliance with immigration procedures.
San Diego County Superintendent Fabi Bagula highlighted the boy’s case in a letter to federal officials, emphasizing the child’s status as a student in the district and the potential educational and emotional impact of the separation. The letter was sent the day after the incident.
Federal Response and Next Steps
ICE confirmed the transfer of the boy to ORR custody but did not disclose his current location. The agency stated the decision was made to ensure the child’s safety, citing the inability to verify guardianship. The ORR, which oversees the care of unaccompanied minors, has not publicly commented on the case.
The boy’s family and advocates continue to seek information about his whereabouts and next steps in the federal process. The case has drawn attention to the broader implications of TPS termination and the treatment of unaccompanied minors in immigration enforcement.