Everett boy in ICE detention 'allowed' to return to Brazil, judge says

A 13-year-old boy from Everett, Massachusetts, who was being held by federal immigration authorities, will be allowed to return to his home country of Brazil following a judge's ruling. The decision came after a closed hearing on Wednesday in an immigration court located in Annandale, Virginia. The boy's attorney, Andrew Lattarulo, described the hearing as brief, lasting less than ten minutes. Due to the boy's age, his identity has been kept confidential. The boy was initially arrested by Everett police on October 7 after authorities received what they described as a "credible tip" that he threatened another student. Though the federal immigration agents claimed the boy had a gun during the incident, local Everett officials stated that no firearm was found during the arrest. Shortly after his release from police custody, immigration agents detained him and transferred him to a juvenile detention center in Virginia. In an effort to expedite his release from the Virginia facility, the boy's family opted for voluntary departure, a move that avoids a formal deportation record. This option was agreed upon by the government, and Judge Jason Braun presided over the hearing, also supporting the boy's return to Brazil. The federal government will cover the traveling expenses, and the boy’s passport is being sent to the detention center where he remains until his departure, expected within the next 30 days. Once back in Brazil, the boy will reside with extended family. His attorney, Lattarulo, has already arranged for him to attend a school there and access nearby healthcare services to ensure he receives the support he needs. Although there was an interest in arranging a visit between the boy and his parents before he leaves the U.S., it appears unlikely due to the parents' ongoing asylum case. Lattarulo highlighted that ICE’s current approach treats asylum seekers as criminal aliens, which poses a high risk if the parents entered the detention facility to see their son, potentially resulting in their detention. Because the boy is leaving voluntarily, he won’t have a deportation on his record, which could facilitate his return to the U.S. if his parents successfully obtain asylum. Lattarulo emphasized that the boy expressed his desire to return, fully understanding the consequences. During the hearing, both the judge and the attorney made sure the boy, despite his young age, comprehended what voluntary departure means and confirmed he was aware of the pros and cons involved. The case highlights the complex intersection of immigration enforcement, juvenile detention, and asylum policies. It also underscores the emotional and legal challenges faced by migrant families, particularly children caught between law enforcement jurisdictions and federal immigration policies.