An eight-year-old Haitian boy who previously lost Temporary Protected Status was taken into federal custody after an immigration check-in, according to local advocates and school officials. The third grader attends Fay Elementary School in San Diego. The boy was placed into government custody alone after attending an Immigration and Customs Enforcement appointment with his uncle.
According to advocates and school officials, the boy had been living with his uncle and cousins after his father was deported to Mexico in 2025. The San Diego Unified School District noted in a letter to the Department of Homeland Security that the child received a letter to meet with an ICE agent, and his uncle accompanied him to avoid breaking the law.
Guerline Jozef, executive director of the nonprofit Haitian Bridge Alliance, criticized the enforcement action, stating that authorities did not give the father an opportunity to establish legal guardianship. Cody Petterson, a board trustee with the school district, confirmed that the uncle was listed as an authorized caregiver on school records.
A spokesperson for Immigration and Customs Enforcement explained that because the uncle had not established legal guardianship, agents classified the boy as an unaccompanied minor under the Trafficking Victims Protection Reauthorization Act. The federal statute governs protections for unaccompanied immigrant children.
The agency did not accuse the uncle of wrongdoing or abuse, but cited safety precautions for mandating the child's transfer. Agency representatives stated that out of an abundance of caution, they determined it was necessary to remove the child from the household and place him under the care of the Office of Refugee Resettlement.
Community advocates and school district representatives confirmed that the boy remains in ORR custody while uncertainty surrounds his potential deportation status. Jozef described the detention as a pretext to separate the child and subject him to removal proceedings, emphasizing that he was well-dressed and thoroughly cared for by his family.
San Diego Unified School District leadership expressed deep concern in their letter to DHS, noting instances where students are pulled from supportive educational environments and placed into government facilities. District officials maintained that children should not be deprived of their education due to surrounding administrative and legal circumstances.