Virginia judge orders bond hearing for Everett boy detained by ICE

A judge in Virginia has ordered the federal government to bring a 13-year-old Everett boy in their custody to a bond hearing next week.

The boy was arrested by Everett Police on Oct. 9. Soon after his arrest, agents with Immigration and Customs Enforcement took the child into custody and transferred him to the Northwestern Regional Juvenile Detention Center in Winchester, Virginia.

An attorney for the boy filed suit to have his case heard in Massachusetts, but a federal judge in Boston ruled the child had already been taken out of state by the time the paperwork was filed.

The case was moved to a federal court in Virginia, where a judge on Friday issued an order saying the child should receive a bond hearing no later than Oct. 22.

WBUR is not naming the boy because of his age. His lawyer did not return requests for comment.

On Thursday, the U.S. Department of Homeland Security released a statement “to set the record straight” about the boy's arrest and background. The press release said “local officials contacted federal law enforcement and notified them of the arrest” after the boy allegedly threatened another student.

"According to the police report, he showed the handgun in his waistband to another student and said was planning on killing a fellow student," DHS Assistant Secretary for Public Affairs Tricia Mclaughlin said in the release.

But an image of an Everett Police Department document shared in the Homeland Security release does not include that description. The image of the black-text document includes blue text that reads "officers formal report." It also has a red box highlighting a line from the document that reads "COMPLAINT: JUV SHOWED UP AFTER SCHOOL WITH A GUN."

The ICE release conflicts with an account provided by Everett Mayor Carlo DeMaria. At a press conference Tuesday, the mayor said the police did not alert ICE to the arrest. DeMaria also said “no guns were found” in the arrest at a bus stop, but the boy had a "six- to seven-inch double-sided knife.”

Police Chief Paul Strong at the press conference said that once a person's fingerprints are taken, "it goes to ICE and they determine if you're an illegal entry."

Everett police have not released the police report because of the boy's age.