San Diego School Leaders Urge Federal Action to Protect Children in Immigration Custody

The detention of an eight-year-old San Diego elementary school student has prompted local education leaders to call on federal officials to reconsider how children in immigration-related custody are placed and how their education is protected.

The student, who attends Fay Elementary School in the San Diego Unified School District, was taken into federal custody after accompanying his uncle to a scheduled immigration appointment. His detention left classmates worried about their friend and prompted the district to send crisis counselors to the school.

The incident also raised concerns among school administrators about what happens when children are suddenly separated from their families, schools, and familiar support systems.

In a November 6 letter to Homeland Security Secretary Markwayne Mullin and Health and Human Services Secretary Robert F. Kennedy Jr., a coalition of San Diego education leaders, school administrators, employee representatives, and elected officials outlined six recommendations for keeping children connected to their schools and communities when they enter federal custody.

Among the signatories is the Administrators Association of San Diego (AASD), AFSA Local 134. Gina Camacho-McGrath, AASD secretary-treasurer and a longtime member of the association's executive board, said joining the letter was important because school leaders and unions need to speak together when children's well-being is at stake.

"It was important for AASD, AFSA Local 134 to co-sign this letter because we believe that standing together with our school district and our fellow unions and speaking with a unified voice is essential to creating meaningful change and ensuring that the voice of school leaders is heard. As a union, we have a responsibility not only to represent and advocate for our members, but also to stand up for the values of fairness, equity, respect, and the well-being of our students and our school communities. By adding our voice to this matter, we are demonstrating our commitment to collective action and reinforcing that issues affecting our students deserve action. We believe that when organizations come together around a shared concern, our message is stronger and our impact is greater."

Camacho-McGrath said the situation goes beyond the day-to-day responsibilities of running a school.

"As school administrators, our responsibility extends far beyond academic achievement, school operations, and the walls of our campuses," she said. "We are entrusted with the safety, well-being, dignity, and future of every child who walks through our doors. When a student is suddenly separated from their family or removed from their school, we have both a professional obligation and a moral responsibility to act."

A Student's Detention Raises Concerns at School

According to the coalition's letter, the eight-year-old Haitian student was taken into custody after his uncle brought him to a scheduled meeting with an Immigration and Customs Enforcement (ICE) agent. The uncle had been caring for the boy since his father was deported more than a year earlier.

The letter says the ICE agent invoked provisions of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008. It also connects the circumstances to the Trump administration's termination of Temporary Protected Status (TPS) protections.

Federal officials have offered a different explanation, saying the uncle could not establish the legal guardianship required under federal law. The child was subsequently treated as an unaccompanied minor and transferred to the Office of Refugee Resettlement (ORR).

The transfer separated the student from his family, school, and community while reunification proceedings moved forward.

At Fay Elementary, the effects were felt by his classmates. The coalition's letter describes third-grade students expressing fear and concern about what had happened to their friend. The district responded by sending crisis counselors to support them.

"Here in San Diego Unified School District, we are confronting the heartbreaking reality of what happens when immigration enforcement directly impacts the children we have committed our lives to serving," Camacho-McGrath said. "As educational leaders, we are appalled. And we cannot remain silent."

The Effects Reach the Entire School Community

School administrators say the effects of a child's sudden removal are not limited to that student. Classmates have questions, teachers must address their concerns, and other families may begin worrying about their own children's safety.

"We see the empty desks. We see the frightened classmates. We see the anxiety in families who wonder whether the simple act of bringing their child to school could place them at risk," Camacho-McGrath said.

Schools may need to bring in counselors, mental health professionals, social workers, and other support staff to help students cope. Administrators also must work with families and caregivers, protect student information, understand students' legal rights, and help prevent disruptions to their education.

Camacho-McGrath said children should not have to carry the consequences of decisions made by adults.

"Regardless of where one stands on immigration policy, we should all be able to agree on one fundamental principle: Children should never bear the burden of adult political decisions, and no child should be deprived of the safety, stability, and belonging that every child deserves," she said.

Coalition Outlines Six Recommendations

The November 6 letter asks the Department of Health and Human Services and the Office of Refugee Resettlement to consider a child's education and existing school connections when making placement decisions.

The coalition's six recommendations include:

  1. Keep children close to home. Place children as near as possible to their existing schools and communities.
  2. Consult school districts. Contact local districts before relocation decisions are finalized to understand the educational impact.
  3. Create coordination procedures. Establish protocols among federal agencies, state agencies, and school districts to help ensure continued access to education.
  4. Maintain existing school connections. When possible, place children with approved relatives, foster families, or temporary caregivers within their current school attendance boundaries.
  5. Provide transportation and enrollment assistance. Help children continue attending their schools during temporary placements.
  6. Track educational outcomes. Collect and publicly report information about how federal custody and placement decisions affect children's education.

The coalition is also asking federal officials to work with school districts, educators, child welfare experts, and community leaders to develop solutions that account for children's educational needs.

'We Are Educators and Advocates for Children'

For Camacho-McGrath, school administrators may not have authority over federal immigration decisions, but they do have a responsibility to respond when those decisions affect their students.

"As administrators, we are not immigration attorneys, federal agents, or policymakers. We are educators and advocates for children," she said.

"We may not control federal immigration decisions, but we do control how we respond, how we support our families, how we protect students' rights, and whether we use our collective voices to demand better."

She said the issue should be viewed as more than a debate over immigration policy.

"This is not simply an immigration issue," Camacho-McGrath said. "It is a children's rights issue, an educational equity issue, and a fundamental question of our humanity."

The coalition's letter asks HHS and the Office of Refugee Resettlement to review its recommendations and work directly with education and child welfare leaders.

For AASD, AFSA Local 134, signing the letter was a way to make clear that school leaders have a stake in decisions affecting the children they serve, even when those decisions are made far beyond their campuses.