An 8-year-old Haitian boy in San Diego went to a U.S. Immigration and Customs Enforcement (ICE) check-in with his uncle and was placed in federal custody alone. ICE said it classified the boy as an unaccompanied child because his uncle could not prove legal guardianship, a decision that advocacy groups and the school district have criticized.
According to ABC7 New York (ABC7NY), an 8-year-old Haitian boy who lost his Temporary Protected Status (TPS) earlier this year was placed in federal custody without a guardian after attending an ICE check-in. The boy is a third-grader at Fay Elementary School in San Diego, California. His school district and an advocacy group shared the news.
In a letter to the Department of Homeland Security (DHS), the San Diego Unified School District (SDUSD) said the boy had received a letter instructing him to meet with ICE agents. The boy had been living with his uncle and cousins since his father was deported a little more than a year ago. The district said the uncle took the boy to the appointment because he did not want to break the law. Cody Petterson, a member of the district's board, said school records list the uncle as the boy's official guardian.
In a statement to ABC News, an ICE spokesperson said the uncle could not prove a legal guardianship relationship, so the boy was processed as an unaccompanied child. The agency cited the Trafficking Victims Protection Reauthorization Act (TVPRA), a federal law intended to protect unaccompanied immigrant children. ICE did not allege that the uncle had committed abuse or any wrongdoing. However, it said it determined that the best course for the child's safety was to separate him from the household and place him in the care of the federal Office of Refugee Resettlement (ORR).
Guerline Jozef, executive director of the advocacy group Haitian Bridge Alliance, noted that with the boy's father already deported, no opportunity was given to arrange legal guardianship. Jozef argued that the detention could serve as a pretext to separate the child from his family and move him into deportation proceedings. According to the district and the group, the boy is currently in ORR custody. It is not yet known whether he will be deported from the U.S.