San Diego Unified’ s leadership, labor unions and a local elected official are responding to an 8-year-old being taking into ICE custody because of Temporary Protective Status (TPS) Policy changes. The letter below has 6 demands that would better support children who find themselves in the same situation as the 8-year-old. This letter was sent Friday to the U.S. Department of Health and Human Services, and the Office of Refugee Resettlement. If you have questions, contact James Canning at 313-580-2845 or jcanning@sandi.net
2026.11.06_FINAL_StudentDetainment_ORR_DHS.pdf
November 6, 2026
The Honorable Markwayne Mullin
Secretary of Homeland Security
U.S. Department of Homeland Security
245 Murray Lane S.W.
Washington, D.C. 20528
The Honorable Robert F. Kennedy, Jr.
Secretary of Health and Human Services
U.S. Department of Health and Human Services
200 Independence Avenue, S.W.
Washington, D.C. 2020
Re: Impact of Temporary Protected Status Policy Changes on Children and Educational Access
Dear Secretary Mullin and Secretary Kennedy,
We are writing to express serious concern regarding the impact that the elimination of Temporary Protected Status (TPS) protections is having on vulnerable children and families across our communities. While immigration policy decisions are often framed as matters of law and enforcement, their real-world consequences are increasingly being experienced by children whose lives, education, and emotional well-being are disrupted through no fault of their own.
San Diego Unified School District and countless other districts across the nation serve as one of the most stable institutions in a child's life. When families are suddenly separated, displaced, detained, or removed from their communities, schools are often left to respond to the resulting trauma and educational disruption. These circumstances place children at significant risk of academic regression, mental health challenges, and long-term instability.
We have witnessed situations in which children who should be attending school and participating in a supportive educational environment instead find themselves in government facilities far from their schools, teachers, classmates, and support systems. In one particularly troubling example, earlier this week, an eight-year-old Haitian student who attends San Diego Unified’s Fay Elementary fell victim to your administration's decision to end TPS earlier this year.
The eight-year-old received a letter to meet with an ICE agent. His uncle, with whom he’s been living with since the child’s father was deported more than a year ago, took him to meet the agent because he did not want to break the law. Once in the presence of the ICE agent, the agent used the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 as leverage to take the child into custody, leaving the uncle distraught, and this eight-year-old without the support of their family, community and their school. Instead this child was placed in a federal facility operated by the Office of Refugee Resettlement (ORR), awaiting reunification processes to unfold, while having to endure the emotional toll of being separated from their family, the interruption to their schooling and the stability of their daily routine. San Diego Unified is sending crisis counselors to Fay Elementary to support students because the child’s fellow third grade students have expressed concern and fear for their friend.
Children should not lose access to education simply because of circumstances unfolding around them.
We demand the Department of Health and Human Services (DHHS) and the ORR change its policies and procedures affecting school-aged children who enter government custody or placement. At a minimum, greater consideration should be given to the educational continuity of these students.
Specifically, we demand federal agencies to:
- Prioritize placement decisions that keep children as close as possible to their home schools and communities.
- Coordinate directly with local school districts before relocation decisions are finalized so educational impacts can be assessed.
- Develop formal protocols between HHS, ORR, state agencies, and school districts to ensure uninterrupted access to education.
- Whenever feasible, place children with approved relatives, foster families, or temporary care providers located within the attendance area of their existing schools.
- Establish transportation and enrollment supports that allow children to remain connected to their school community even during temporary placements.
- Track and publicly report educational outcomes for children affected by federal placement and immigration-related custody decisions.
Every child deserves stability, dignity, and access to education. Regardless of immigration status or family circumstances, children should not bear the educational consequences of policy decisions over which they have no control. Federal agencies have both a moral obligation to work collaboratively with school districts to ensure that children experiencing displacement continue to receive consistent educational services and remain connected to the trusted adults and support systems that help them succeed.
We demand DHHS and ORR review these concerns and engage with school districts, child welfare experts, educators, and community leaders to create child-centered solutions that place educational continuity at the forefront of placement decisions.
Thank you for your consideration of this important matter.
Sincerely,
Fabi Bagula, Ph.D. Superintendent, San Diego Unified School District
Richard Barrera, Board President, San Diego Unified School District
Sabrina Bazzo, Board Vice President, San Diego Unified School District
Shana Hazan, Board Trustee, San Diego Unified School District
Sharon Whitehursty-Payne, Board Trustee, San Diego Unified School District
Cody Petterson, Board Trustee, San Diego Unified School District
Sean Elo-Rivera, Councilmember, City of San DIego
Monique Barrett, President, San Diego Education Association
Miguel Arellano, President, California School Employees Association Chapter 759 Paraeducators
Dawn Basques, President, California School Employees Association Chapter 788 Office-Technical and Business Services
Jeffrey Thomas, President, Administrators Association of San Diego
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James Canning (He/Him)
Mobile: 313-580-2845
4100 Normal Street
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