Targeting a child, taking them away from their community and classmates, and forcing them into detention is despicable. It is inhumane,
said Rep. Juan Vargas, D-Calif., describing the case of an eight-year-old Haitian boy taken into federal custody during what his family believed was a standard immigration appointment in San Diego.
The incident, captured on video by a volunteer observer at an ICE field office, has rattled the San Diego Unified School District and triggered sharp disagreements between federal officials, local leaders, and immigration advocates over the child’s detention and the enforcement actions that preceded it.
Routine San Diego Immigration Check-In Ends With 8-Year-Old Boy in Federal Custody
The child, a third-grader at Fay Elementary School in City Heights, had been living with his uncle and cousins following the deportation of his father to Mexico by Customs and Border Protection last year. According to school district officials, the boy lost his legal status earlier this year after a Supreme Court decision allowed the administration to end Temporary Protected Status (TPS) designations for Haitians.
An 8-year-old Haitian boy is in federal custody after reporting for a scheduled immigration appointment in San Diego. He had been living with a relative since his father was deported nearly two years ago. DHS claims that relative lacked legal custody. This child did not run. He… pic.twitter.com/CsQErlLQmF
— Post by @LeeMerrittesq on X
Following the termination of these protections, the child received a letter summoning him to meet with immigration officers. His uncle brought him to the downtown San Diego federal building on Nov. 4, 2026, because he wanted to comply with the law. Video footage obtained by NBC 7 San Diego shows the neatly dressed boy being led away by three armed officials after the appointment.
Differing Accounts of Legal Guardianship and Federal Intervention
Local officials and immigrant advocates expressed profound concern over the child’s subsequent transfer to the Office of Refugee Resettlement (ORR), a federal agency operating under the Department of Health and Human Services. Guerline Jozef, executive director of the Haitian Bridge Alliance, criticized the enforcement actions, stating that the boy’s father was deported without an opportunity to properly transfer guardianship.
San Diego school district leadership and city officials shared on Friday that Immigration and Customs Enforcement (ICE) allegedly took an 8-year-old into custody. pic.twitter.com/P9I0aBKUmj
— Post by @fox5sandiego on X
School district leaders, including the superintendent, board president, and trustee Cody Petterson, argued that removing the child from his family and community causes severe trauma, noting that fellow third-graders at his school have expressed fear and anxiety for their friend. Crisis counselors were subsequently deployed to support students. Four California lawmakers and two senators also sought formal confirmation from the federal government regarding the child’s precise whereabouts.
In contrast, the Department of Homeland Security defended the agency’s actions. A DHS spokesperson stated that Immigration and Customs Enforcement took the minor into custody out of an abundance of caution and to ensure the child’s safety
after the man accompanying the boy was unable to legally establish guardianship.
Officials asserted that federal anti-trafficking laws, specifically the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, legally obligated them to designate the student as an unaccompanied minor and place him into ORR care. DHS representatives dismissed local criticism, calling allegations that ICE placed a third-grader into detention false and describing such suggestions as an attempt to undermine law enforcement officers and leadership.
Demands for Policy Review and Future Actions
In response to the placement, San Diego Unified leaders and community organizations issued formal demands to federal officials, including Health and Human Services leadership.
They called for a comprehensive review of placement practices, urging authorities to prioritize educational continuity, engage with child welfare experts, and establish child-centered solutions that keep impacted students close to their communities. Meanwhile, immigration advocates and congressional representatives continue working to determine the child’s exact location and facilitate his return to his local caregivers.