Immigration · Report · File No. 261110-477
ICE takes 8-year-old Haitian boy at San Diego check-in; officials demand release
An 8-year-old third grader was placed in federal refugee-office custody after he went to an ICE appointment with his uncle. San Diego school and city leaders want him released, and DHS says it acted to protect him.
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An 8-year-old Haitian boy is in federal custody after he went to a scheduled immigration appointment in San Diego with his uncle. KPBS reports that agents from Immigration and Customs Enforcement (ICE) led him away after the appointment at the Edward J. Schwartz federal building on Nov. 4 1. That was the day after Election Day. ABC News says the appointment was on Thursday, so reports differ on the exact day 2.
The boy is a third grader at Fay Elementary School in the City Heights neighborhood. He lost Temporary Protected Status, a program that lets people from countries in crisis live and work in the U.S., earlier this year 2. He had lived with his uncle since his father was deported in March 2025, according to KPBS and 10News 13.
What the government says
A Department of Homeland Security (DHS) spokesperson said the uncle did not have legal custody. Under a federal law on child trafficking, the agency treated the boy as an unaccompanied minor and moved him to the Office of Refugee Resettlement, which cares for migrant children 1. An ICE spokesperson said the agency "determined it was best to remove the child from the household" 2.
ICE did not allege any wrongdoing or abuse by the uncle, ABC News reports 2. ICE also says the boy first came to the U.S. with a man who claimed to be his father. That man was later deported to Mexico 3.
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What the family's supporters say
Cody Petterson, a San Diego Unified School District board member, said the uncle was listed on school records as an authorized caregiver 1. Wister Gaetan, a co-founder of the Haitian Bridge Alliance, an advocacy group, said the boy should not be held in federal custody 1.
Sitting behind bars with the U.S. government is purely unacceptable
Guerline Jozef, the group's executive director, said the father was not given the chance to put legal guardianship in place 2. School district leaders, city officials and several teachers' unions sent a three-page letter to DHS Secretary Markwayne Mullin and Health and Human Services Secretary Robert F. Kennedy Jr. It asks that the boy be released to his uncle so he can keep going to school 13.
San Diego City Councilmember Sean Elo-Rivera, who is a Democrat, called for restoring temporary protected status for Haitians 1. He also criticized the way children are treated.
We're in this situation because of a decision to end a program that did not need to be ended
What happens next
As of ABC's report on Nov. 8, the boy remained in the refugee office's custody. It is unclear whether he will be removed from the U.S. 2. 10News said it asked the refugee office about his whereabouts and had not received a reply 3.
The family is working to resolve the custody issue, and the school district is providing crisis counselors at Fay Elementary 1.
That matters because the dispute is about who counts as a legal guardian. A school record named the uncle as a caregiver, but ICE said he could not establish guardianship. A child in that gap can end up in federal custody without a parent. The facts remain in dispute, and the government has not said how long the boy may be held.
The Record
- The boy's father was deported, and the boy then lived with his uncle in City Heights, KPBS reports 1.
- ICE agents led the boy away after his appointment at the Edward J. Schwartz federal building in San Diego, according to KPBS. ABC News says the appointment was Thursday 12.
- The boy remained in Office of Refugee Resettlement custody, and it was unclear whether he would be removed from the U.S. 2.
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Sources
- KPBS, “Haitian boy, 8, detained during scheduled immigration appointment” (2026-11-06). kpbs.org/news/border-immigration/2026/11/06/haitian-boy-8-de
- ABC News, “8-year-old Haitian boy placed in federal custody alone after ICE check-in, advocates say” (2026-11-08). abcnews.com/US/8-year-haitian-boy-federal-custody-after-ice/
- 10News (KGTV San Diego), “San Diego leaders demand answers after ICE detains 8-year-old boy during immigration check-in” (2026-11-06). 10news.com/news/local-news/san-diego-leaders-demand-answers-
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