San Diego District Sends Letter to DHS Over 8-Year-Old Haitian Boy Taken by ICE
School officials and activists say the third-grader was removed from his uncle's care on Nov. 5 without a finding of abuse.
By Yasmin Farouk ·
The San Diego Unified School District wrote to the Department of Homeland Security on Monday to describe a specific case involving an eight-year-old Haitian boy. The district said the child, a third-grader at Fay Elementary School, is currently in the custody of the Office of Refugee Resettlement. He was taken by federal agents on Nov. 5.
The boy lost his temporary protected status earlier this year. His father was deported to Mexico more than a year ago. The child has lived with his uncle and cousins since that deportation. The uncle is listed as the authorized caregiver in the school records.
The incident began when the boy received a letter summoning him to meet with an Immigration and Customs Enforcement agent. His uncle drove him to the appointment on Thursday, Nov. 5. The uncle brought the boy because he did not want to violate the law.
ICE officials stated the uncle could not establish legal guardianship for the child. Federal authorities then classified the boy as an unaccompanied minor. They invoked the Victims of Trafficking and Violence Protection Act Reauthorization. This law provides protections for unaccompanied immigrant children.
The agency did not claim any irregularity or abuse by the uncle. An ICE spokesperson said the agency acted out of precaution. They determined it was best to remove the child from his home and place him in the care of the Office of Refugee Resettlement.
Guerline Jozef is the executive director of the nonprofit Haitian Bridge Alliance. She said the father did not have the chance to establish legal custody before his deportation. Jozef described the boy as well-dressed and well-cared for. She argued there was no reason to separate him from his relatives without following proper procedures.
The school district said the boy is currently in the custody of the Office of Refugee Resettlement. It is not clear if he will be deported from the United States. The district noted that children in similar situations are often found in government facilities instead of classrooms.
Cody Petterson is a member of the San Diego Unified School District board of education. He confirmed the uncle is mentioned in school records as the authorized caregiver. The district said the boy was in a supportive educational environment before the removal.
The district wrote that children should not lose access to education because of circumstances beyond their control. The letter to the Department of Homeland Security details the timeline of the boy's status changes. It highlights the gap between his school records and his federal immigration status.
