From Mother Jones · Samantha Michaels · · 3m
You kidnapped my son
ICE separates 11-year-old from father in Texas detention center.
In brief
ICE separates 11-year-old from father in Texas detention center. ICE transferred Andrés, an 11-year-old Venezuelan boy with his stepmother, to ORR custody after his father was arrested, claiming he was unaccompanied despite having a parent present. Originally reported by Mother Jones.
Luis trapped in Texas detention
Luis, a construction worker from Venezuela, was arrested by federal agents outside his home in April 2026, and found himself in the Camp East Montana detention center with his 11-year-old son Andrés.
Andrés labeled unaccompanied
ICE officers claimed Andrés was unaccompanied despite having a stepmother and father present, placing him in temporary foster care with another Texas family through ORR.
Family separation
Luis and Andrés were separated after ICE officers took Andrés from his father, who was arrested in 2026, and placed him in ORR custody without his family's consent.
Orr custody
Andrés was placed in ORR custody, a federal agency within HHS that cares for unaccompanied migrant children, after ICE officers claimed he was unaccompanied.
Family reunion attempt
Mariana, Andrés' stepmother, tried to become his sponsor but failed due to new ORR requirements, including needing a taxpayer ID number.
Legal battle
Andrés' lawyer argued he was unlawfully detained because he was never unaccompanied when separated from his father and stepmother.
Court decision
A federal judge ruled Andrés was unaccompanied now, despite having a stepmother present, because he lacked a parent available to provide care in the United States.
Voluntary departure
Andrés was granted voluntary departure to Venezuela in July 2026, but faced delays due to the lack of a sponsor and the government's failure to coordinate his return.
Airport reunion
Andrés arrived in Barcelona, Venezuela, but his mother was not present, and he waited outside the airport until his attorney helped locate her.
Systemic issue
The Trump administration has been re-referencing children who are already settled in the U.S. as unaccompanied, leading to longer detentions and fewer family reunions.
Policy impact
Children in ORR custody now face longer stays, increased mental health issues, and barriers to family reunification due to new sponsorship requirements.
Systemic problem
The system has been criticized for treating children as bait for immigration enforcement, with families unable to reunite due to bureaucratic barriers.
Long-term consequence
Andrés spent over three months in ORR custody before being allowed to travel to Venezuela, where he was reunited with his mother after a delayed arrival.
Systemic issue
The Trump administration's policy has led to a record number of children being re-referred to ORR despite having family present, causing trauma and separation.
Family impact
Luis, Andrés' father, was released from detention in 2026 but had to return to Venezuela, leaving Andrés in foster care without his father.
Systemic issue
The system has been criticized for failing to protect children from being separated from their families, with the government using them as bait for immigration enforcement.
The key point
ICE transferred Andrés, an 11-year-old Venezuelan boy with his stepmother, to ORR custody after his father was arrested, claiming he was unaccompanied despite having a parent present.
