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ICE Transfer of 13-Year-Old to Virginia Draws Privacy Scrutiny as Bond Hearing Nears

A Virginia judge ordered a bond hearing after the out-of-state transfer, a move that has triggered legal challenges to DHS’s public disclosures about the juvenile.

Overview

  • The boy remains in federal custody at a juvenile facility in Winchester, Virginia, with a bond hearing scheduled for Wednesday, according to court orders and advocacy groups.
  • DHS asserts the 13-year-old is tied to gang 33 and alleges he possessed a firearm and a 5–7 inch knife, claims contested by Everett officials who say no gun was recovered during the arrest.
  • Assistant Secretary Tricia McLaughlin publicly shared the minor’s name, mugshot, and allegations, prompting legal experts and civil-rights groups to warn of likely violations of juvenile-privacy laws.
  • A habeas petition filed in Massachusetts was complicated by ICE’s rapid transfer more than 500 miles away, after which a federal judge in Virginia ordered the bond hearing on October 17.
  • The family says they were not notified before the transfer, they have a pending asylum case dating to 2021, and they are seeking the teen’s release and return to Massachusetts.