13-Year-Old Boy Arrested by ICE Still Waiting for a Bond Hearing More Than 11 Days Later
He was transferred to a detention center over 500 miles away from his family.
A 13-year-old boy who was taken more than 500 miles away from his family by Immigration and Customs Enforcement (ICE) remains in custody and awaits a bond hearing, which must occur no later than Wednesday, according to a court order. Responding to criticism of the minor's detention, the Department of Homeland Security (DHS) released a statement last week claiming the young teen is a "public safety threat" with ties to the Brazilian "criminal ring" called gang 33.
Although the Brazilian native was initially set to be released to his mother after being arrested by the Everett Police Department in Massachusetts on October 9, he was instead taken into ICE custody. Unsure of the young teen's location, the family's immigration attorney, Andrew Lattarulo, filed a habeas corpus petition on October 10. Subsequently, United States District Judge Richard G. Stearns ruled the same day that the government must justify the boy's arrest or provide a bond hearing no later than Thursday, October 16. However, once it was confirmed that the minor had been transferred to a juvenile detention facility in Virginia—one hour before the petition was filed—Stearns' order lacked jurisdiction.
It wasn't until October 17—after spending eight days in custody—that a federal judge in Virginia ordered that the teen boy should receive a bond hearing no later than Wednesday.
In response to mounting criticism over the incident, DHS Assistant Secretary for Public Affairs Tricia McLaughlin posted on X on October 13 that the juvenile "posed a public safety threat with an extensive rap sheet" and "was in possession of a firearm and 5-7 inch knife when arrested." However, Everett Mayor Carlo DeMaria confirmed during a press conference the following day that "no guns were found" during the initial arrest.
But the DHS doubled down on October 16, revealing even more details by disclosing the minor's name and claiming he "is a suspected member of the '33' gang with 11 prior police complaints…including breaking and entering, vandalism, theft, fighting, 'flash mob' style shoplifting and more," according to Fox News. The DHS statement also claimed that, "according to the police report, the teenager showed a fellow student the handgun and said he was going to 'shoot and kill' another student." However, the image provided by the DHS of the Everett Police Department report does not corroborate that information, and only states that there was a complaint that the juvenile "showed up after school with a gun."
It's clear the DHS is following the same playbook that it has used on many other immigrants since President Donald Trump took office: arrest an immigrant, label them a criminal, and push for deportation while ignoring any due process rights that might stand in the way. But this rinse-and-repeat formula feels particularly perverse when it's used on a 13-year-old boy.
Although the DHS is correct that the minor did in fact enter the U.S. illegally, he did so in 2021, when he was nine years old, with his family. His parents then applied for asylum—a pathway to permanent residency and citizenship designed for migrants who may not have the time or ability to enter the country legally while fleeing persecution—and are authorized to legally work in the U.S. while their asylum application is processed.
While the teen boy may have other criminal allegations pending against him, the DHS' disregard for basic protocol is disgraceful. In cases of minors, who are still growing and maturing, the juvenile justice system prioritizes rehabilitation over punishment, and records are normally sealed from the public to protect the minor against long-term stigma. But from the DHS' own statements, it seems the agency would rather rely on public stigma to justify its punishment of the teen for his alleged crimes rather than allow the juvenile justice system in Everett to appropriately adjudicate on the matters.
