California lawmakers demand answers after 8-year-old boy from Haiti is taken into custody by ICE
The child is said to be in the care of the Office of Refugee Resettlement.
California lawmakers are demanding answers from the federal government after an eight-year-old Haitian boy was taken into custody by ICE officials. According to The Guardian, the incident occurred during a routine check-in at an office in San Diego on November 4, 2026. The boy, a third-grader at Fay Elementary School, was reportedly placed in restraints and led away by three armed federal agents toward an elevator.
Democratic senators Alex Padilla and Adam Schiff, along with four members of Congress, sent an oversight letter to Homeland Security Secretary Markwayne Mullin and Health Secretary Robert F. Kennedy Jr. They are seeking clarity on the child’s safety, current location, and the legal basis for this action.
The lawmakers wrote, “Video footage appears to show the use of restraints on a child who seemed to pose no threat to those around him, raising serious questions about the handling of this incident.” They added, “We express concerns about the basis for this action and the harm it may cause a young child who appeared for his required hearing.”
The boy had been living with his uncle
This was his living arrangement since his father was deported from the United States more than a year ago. According to the Haitian Bridge Alliance, a group that advocates for immigrants, the uncle brought the boy to the appointment because he wanted to follow the law. The uncle’s attorney noted that he provided a notarized letter from the boy’s father during the meeting, per NBC 7 San Diego. However, officials stated that this documentation was insufficient to prove legal guardianship.
The Department of Homeland Security (DHS) claims that agents were forced to act under federal anti-trafficking laws. A spokesperson for the department said that ICE took the child into custody “out of an abundance of caution and to ensure the child’s safety”. The government maintains that the boy was designated as an unaccompanied minor because the uncle could not establish legal guardianship as required by the Trafficking Victims Protection Reauthorization Act.
A spokesperson for the department stated, “Allegations that ICE took a third grader into custody to be placed in detention are false, and any suggestion otherwise is a depraved attempt to smear our ICE law enforcement officers and undermine the work of President Trump and Secretary Mullin to protect children.” The department further alleged that the child was brought to the country by a man claiming to be his father, who was later deported to Mexico.
Community members and school officials have expressed concern
Hundreds of protesters gathered outside the Edward J. Schwartz federal building in San Diego on Thursday to call for the child’s release. Karen Pohl, a volunteer observer who filmed the incident, said, “It just shocked the crap out of me, basically, because I never thought they’d take a kid that young alone.” Robert Ferretti, who was present, recalled an officer attempting to comfort the child by suggesting that the facilities he was being taken to were equipped with ice cream and video games.
Leaders from the San Diego Unified School District have been vocal about the impact of these policies on their students. Cody Petterson, a board trustee, noted that the district does not know where the child is currently being held, though they suspect he may be in Los Angeles.
Petterson stated, “For us, it’s a very clear case in which there’s no question that the best place for this child is with their caregiver, their uncle, and one of the worst places they could possibly be is in a cage somewhere with nobody they know, not understanding the process, and not understanding what’s about to happen to them.”
The boy’s situation is tied to the broader issue of Temporary Protected Status (TPS)
The Supreme Court previously allowed the administration to end this status for Haitian nationals. Guerline Jozef, executive director of the Haitian Bridge Alliance, told reporters that the community is living under a cloud of terror. She added, “His father has already been taken from him and deported, now this administration has stripped him of the stability, family and community every child deserves.” She also mentioned, “I’m sure he is fearful, he is traumatized.”
Monique Barrett, president of the San Diego Education Association, spoke at the rally to emphasize the long-term effects of such events on young students. She questioned the government’s narrative regarding protection and noted, “I know what trauma does. It shapes how children sleep, learn and trust and those wounds can last a lifetime.” She added, “A child’s humanity outranks every badge.”
The uncertainty regarding the child’s whereabouts remains a primary point of contention for local representatives. A spokesperson for congressman Juan Vargas stated that the office has reached out to the homeland security and health departments multiple times without receiving a response. They are seeking confirmation on whether the child’s family knows where he is and what steps are being taken to facilitate a reunion. In the meantime, the child remains in the care of the Office of Refugee Resettlement.
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