A 13-year-old Brazilian boy remains in Immigration and Customs Enforcement (ICE) custody after being transferred more than 500 miles away from his family, as a Virginia federal judge ordered that he receive a bond hearing no later than Wednesday. The teen was initially arrested by police in Everett, Massachusetts, on October 9 and was expected to be released to his mother before being taken into ICE custody.
Family attorney Andrew Lattarulo filed a habeas corpus petition the next day, but by then, the minor had already been transferred to a juvenile detention center in Virginia, limiting the Massachusetts court’s jurisdiction. The Department of Homeland Security (DHS) said the boy is a “public safety threat” tied to the Brazilian criminal group Gang 33, citing 11 prior police complaints.
However, Everett Mayor Carlo DeMaria disputed DHS claims that a firearm was found, stating “no guns were found” during the arrest. DHS later released more details, including the teen’s name, prompting criticism for disclosing a juvenile’s identity.
The boy entered the U.S. illegally with his family in 2021, and their asylum application remains pending. Advocates argue his prolonged detention and public labeling by DHS violate juvenile justice standards and due process.
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