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An 8-year-old Haitian boy remains in federal custody after being taken by U.S. Immigration and Customs Enforcement (ICE) during a scheduled immigration check-in, prompting condemnation from immigrant advocates and calls for his return to his family.
The boy, a third grader at Fay Elementary School in San Diego, was taken into custody after attending an ICE appointment with his uncle on November 4, ABC News reported. He had been living with his uncle and cousins since his father was deported to Mexico in 2025.
The boy’s uncle, who is listed as an authorized caregiver in the school’s records, reportedly brought him to the appointment because he did not want to violate immigration requirements.
However, an ICE spokesperson told ABC News that the uncle could not establish legal guardianship. The agency classified the boy as an unaccompanied minor under the Trafficking Victims Protection Reauthorization Act and transferred him to the Office of Refugee Resettlement.
ICE said it removed the child from the household "out of an abundance of caution."
The child’s detention has drawn criticism from immigrant advocates, including the Haitian Bridge Alliance, a nonprofit organization advocating for Haitian and other Black immigrants. The organization strongly condemned the Trump administration's decision to detain the child, Miami Herald Caribbean reported Monday (November 9).
Civil rights attorney Lee Merritt also criticized the detention in a post shared Saturday (November 7), calling for the boy's return to his family.
"This child did not run. He did not hide. He showed up, and our government answered his compliance with detention," Merritt wrote. He added that due process is a constitutional guarantee, not a privilege reserved for adults or citizens.
Rep. Jonathan Jackson (D-Ill.) also questioned why immigrant families are encouraged to follow immigration rules when showing up for required appointments can lead to detention and family separation.
"An 8-year-old shouldn't be punished for showing up," Jackson wrote, calling for the boy to return to his family and third-grade classroom.
The boy remains in federal custody, and it is unclear whether he will be deported.
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