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

A 13-year-old Everett boy being detained by federal immigration authorities will be “allowed” to return to his home country of Brazil, a judge ruled Wednesday.

The child, who WBUR is not naming because of his age, had a closed hearing on Wednesday in an Annandale, Virginia immigration courtroom. The child’s attorney, Andrew Lattarulo said the proceeding lasted “less than 10 minutes.”

Everett police arrested the boy on Oct. 7, saying they received a "credible tip" he threatened another student. After being released by police, he was detained by immigration agents and ultimately taken to Virginia. Federal authorities said the child had a gun during the initial incident, but Everett officials said no firearm was found during his arrest.

The child’s family decided to pursue voluntary departure in an effort to get him out of a Virginia juvenile detention center as quickly as possible. Lattarulo said the government agreed, and during the hearing Judge Jason Braun was also “in agreement” with having the child returned to Brazil.

Lattarulo said the federal government will pay for the child’s travel expenses. He said he's mailing the child’s passport to the detention facility, where he will remain until his departure, which he expects will happen “probably within the next 30 days.”

The boy will live with extended family in Brazil, Lattarulo said.

"We already found a school that's going to take him and some nearby health care facilities to make sure he has the best help he needs," he said.

Lattarulo said he’d “love to arrange” for the boy’s parents to see him before he leaves the U.S., but it is unlikely because they have a pending asylum case.

“ The issue is that this administration is unfortunately viewing people who are seeking asylum as criminal aliens, and they're detaining them,” Lattarulo said. “So for the parents to go into a federal facility and see the child would be suicide because [ICE] could pick up the entire family.”

Because the boy is voluntarily departing the country, he will not have a deportation on his record. That may make it easier for him to return to the U.S. should his parents receive asylum.

Lattarulo said the boy told him “this is what he wanted.”

“ I had to break down what a voluntary departure entails. And even the judge asked, even though he's only a 13-year-old child, if he understood the pros and cons of what he's doing and if he understands what's going on," Lattarulo said. "And [the boy] said he did.”