Lawmakers demand answers after Haitian boy placed in custody following ICE appointment in San Diego

Alexandra Mendoza, The San Diego Union-Tribune on Nov 10, 2026

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SAN DIEGO — Members of the San Diego congressional delegation are pushing for answers after a local eight-year-old Haitian child was taken into federal custody following a routine immigration check-in last week.

U.S. Reps. Juan Vargas, Sara Jacobs, Mike Levin and Scott Peters, along with U.S. Sens. Alex Padilla and Adam Schiff, sent a letter on Tuesday to top Trump administration officials expressing their concerns.

“With this letter, we emphasize that the safety and well-being of children and families in San Diego County must remain the highest priority,” the Democratic lawmakers wrote in their letter to Homeland Security Secretary Markwayne Mullin and Health and Human Services Secretary Robert F. Kennedy.

San Diego Unified School District officials said the boy is a third-grader at Fay Elementary School in City Heights. He lost his temporary protected status earlier this year, as did thousands of other Haitians in the U.S., under the current administration.

After receiving a letter to meet with a U.S. Immigration and Customs Enforcement agent, the child showed up with his uncle on Nov. 5, with whom he has lived since his father was deported over a year ago, school officials said.

A U.S. Department of Homeland Security spokesperson said on Tuesday that the man identifying as the boy’s uncle could not establish legal guardianship in accordance with the requirements of the Trafficking Victims Protection Reauthorization Act, and it was determined that the boy was an unaccompanied minor.

“Out of an abundance of caution and to ensure the child’s safety, ICE determined it was best to remove the child from the household and place him in the care of the Office of Refugee Resettlement,” the spokesperson said.

“The child was initially illegally brought into the United States with a man who alleged to be his father. His father has never been in ICE custody and was previously removed to Mexico by (U.S. Customs and Border Protection).”

The DHS spokesperson said that allegations that ICE took the boy into custody to be placed in detention “are false.”

A San Diego Unified School District spokesperson said the uncle has been listed as the contact on all the school’s paperwork and that they share the same last name.

The elected leaders asked for updates on the child’s well-being. “We also request confirmation on the child’s whereabouts, whether his family is aware of his location, and what steps your agencies are taking to ensure he can be reunited with them.

“We ask that you promptly review this child’s case and give it your full and fair consideration based on its merits, consistent with all applicable laws, rules, and regulations,” the letter reads.

The ORR, within HHS, said Tuesday that, in order to protect the safety of the children in its care, the agency “does not discuss specific cases.”

“ORR policies for placing children in its custody into care provider facilities are based on child welfare best practices in order to provide a safe environment and place the child in the least restrictive setting appropriate for the child’s needs,” the agency said in a statement.

“Under the TVPRA, ORR must care for unaccompanied children referred to it by the DHS. Family reunification is the goal for every child. Placement decisions are based on each child’s safety and best interests, and children in ORR care receive classroom instruction.”

Per ORR policy, once an unaccompanied minor is taken into its custody, the agency begins assessing potential sponsors. This process may include interviewing the child, their parents, legal guardians or other primary caregivers to identify those who may qualify as sponsors to care for the child.

In a letter last week, San Diego Unified officials, labor unions and San Diego City Councilmember Sean Elo-Rivera asked for policy and procedure changes from both DHS and HHS that affect school-aged children entering government custody or placement, including coordination with school districts before relocation decisions are made.

“Children should not lose access to education simply because of circumstances unfolding around them,” the Nov. 6 letter said.

The group also called for establishing formal protocols between federal and state agencies and school districts.

The school district sent crisis counselors to the boy’s school “to support students because the child’s fellow third grade students have expressed concern and fear for their friend,” district officials said.

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