8-year-old Haitian boy placed in federal custody alone after ICE check-in

An 8-year-old Haitian boy, who had lost Temporary Protected Status earlier this year, was placed in federal custody alone after an Immigration and Customs Enforcement (ICE) check-in in San Diego. The third grader, who attends Fay Elementary School, was taken to an ICE appointment with his uncle on Thursday. School officials said the boy's uncle, with whom he had been living since his father's deportation to Mexico over a year ago, took him to meet with an ICE agent to avoid breaking the law.

However, advocates and school officials argued that the uncle never obtained legal guardianship for the child, and the school district designated him as an authorized caregiver on records. According to ICE, because the uncle could not establish legal guardianship, they treated the boy as an unaccompanied child under the Trafficking Victims Protection Reauthorization Act, a federal law that protects unaccompanied immigrant children.

ICE then removed the child from his household and placed him in the care of the Office of Refugee Resettlement (ORR) to ensure his safety. The school district and an advocacy group expressed concern over the child's situation, stating that he should have remained in school and access to education should not be lost simply due to his circumstances.

ICE did not allege any wrongdoing or abuse by the uncle, but their decision to remove the child was made out of an abundance of caution.