8-Year-Old Haitian Boy Taken Into ICE Custody After Immigration Check-In In San Diego

An 8-year-old Haitian boy has been taken into federal immigration custody after attending an Immigration and Customs Enforcement (ICE) check-in with his uncle in San Diego, California, according to school officials and immigration advocates.

The third-grade student, who attends Fay Elementary School, was placed in government custody without his relatives after the appointment on Thursday. The incident occurred after the child lost his Temporary Protected Status (TPS) earlier this year.

According to the San Diego Unified School District, the boy had been living with his uncle and cousins since his father was deported to Mexico more than a year ago. His uncle accompanied him to the ICE appointment after the child received a letter instructing him to meet with an immigration agent.

“The eight-year-old received a letter to meet with an ICE agent,” the school district said in a letter addressed to the Department of Homeland Security (DHS). “His uncle, with whom he’s been living since the child’s father was deported more than a year ago, took him to meet the agent because he did not want to break the law.”

Guerline Jozef, executive director of the nonprofit Haitian Bridge Alliance, said the boy's father was not given an opportunity to establish legal guardianship before his deportation.

"They did not give the father the opportunity or chance to actually put in place legal guardianship for the kid," Jozef said.

Why ICE Took The 8-Year-Old Haitian Boy Into Federal Custody

Cody Petterson, a board trustee with the San Diego Unified School District, told ABC News that the uncle was listed in the school's records as an authorized caregiver for the child.

However, an ICE spokesperson told ABC News that the uncle could not establish legal guardianship. As a result, immigration agents classified the boy as an unaccompanied child under the Trafficking Victims Protection Reauthorization Act, a federal law that provides protections for unaccompanied immigrant children.

The agency did not accuse the uncle of wrongdoing or abuse. Instead, ICE cited the child's classification as an unaccompanied minor when determining that he should be transferred into federal care.

"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," the spokesperson said.

Haitian Boy Remains In Office Of Refugee Resettlement Custody

The school district and Haitian Bridge Alliance confirmed that the 8-year-old remains in the custody of the Office of Refugee Resettlement (ORR). However, it remains unclear whether he will eventually be removed from the United States.

Jozef criticized the decision to take the child away from his relatives, describing the detention as "an excuse for [ICE] to remove the child and potentially put him in deportation proceedings.”

She also described the boy as well cared for while living with his family members.

“He was dressed very well, and he is very well cared for,” Jozef added. “There's absolutely no reason for them to remove him from the care of his relatives without putting in place proper procedures for him, knowing very well that ICE already deported the father.”

San Diego School District Raises Concerns Over Children In Immigration Custody

In its letter to DHS, San Diego Unified School District officials expressed concern about children being placed in government facilities instead of attending school and receiving educational support.

The district said it had witnessed cases involving children who should have been participating in a supportive school environment but instead found themselves in government custody.

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“Children should not lose access to education simply because of circumstances unfolding around them,” the district said.

The case has drawn attention from local education officials and immigration advocates, particularly because the child had been living with relatives after his father's deportation and was accompanied to the ICE appointment by an uncle listed as an authorized caregiver in school records.