ICE Detains Asylum Seeker and His 6-Year-Old Son During Routine NYC Check-In, Prompting Outcry

What happened: On Nov. 26, federal immigration agents at Immigration and Customs Enforcement (ICE) headquarters in New York City detained Chinese asylum seeker Fei Zheng and his 6-year-old son, identified as Yuanxin, during a scheduled check-in at 26 Federal Plaza. Advocates who accompanied the family say the pair were separated at the office; Zheng was taken to an adult detention center in Orange County, N.Y., while officials prepared paperwork to place the child under the care of the federal Office of Refugee Resettlement (ORR).

Accounts and official records

Activist Jennie Spector, who has spoken with Zheng, told NY1 that Zheng said he had complied with ICE instructions by attending the appointment. "He said to me, 'I did what they said I should do. I came in for this check-in.' And yet they arrested him and his son," Spector said.

Federal records cited by The New York Times say that during his arrest Zheng became aggressive with officers and told them he wanted to die. He was handcuffed and transported to an adult detention facility in Orange County, N.Y.

According to reports and federal documents, the child was to be transferred to ORR, which typically manages custody of unaccompanied immigrant children. The child's exact location was not initially disclosed publicly, prompting concern from local officials and lawmakers.

Background

Federal documents reviewed by news outlets say the father and son entered the United States in April after being encountered by Border Patrol in Dulzura, California. ICE records indicate the agency attempted to remove Zheng on deportation flights in September and October, but he refused both times, reportedly citing fear of the Chinese government. The family later settled in Queens, and the child was enrolled in a local elementary school.

According to The New York Times, federal records state ICE plans to reunite Zheng and his son later this month by placing both on a deportation flight to China.

Government response and reactions

Department of Homeland Security Assistant Secretary Tricia McLaughlin issued a statement to PEOPLE denying that ICE separates families as a policy and saying parents are asked whether they wish to depart the U.S. with their children; if not, ICE places children with a safe person designated by the parent or with ORR. McLaughlin said the Zheng family received a lawful order of removal as a unit and accused Mr. Zheng of refusing to board a plane and behaving disruptively in ways that endangered the child.

"Mr. Zheng had the right and the ability to depart the country as a family and willfully choose to not comply. To be clear, refusing a judge's deportation order is a crime," McLaughlin said in the statement obtained by PEOPLE. The statement also referred to the family as having "a lawful order of removal as a family unit."

Attorney Mike Gao, who represents Zheng, told The New York Times the situation is "a very sad story" and that he did not yet know how authorities planned to proceed. Local and federal elected officials have pushed for transparency: New York City mayor-elect Zohran Mamdani and lawmakers including Senator Chuck Schumer and Representative Nydia M. Velázquez have sought information about the child's whereabouts. City Council Member Julie Won said her office knows the child's location and that he is safe.

Ongoing concerns: The case highlights tensions between immigration enforcement and child-welfare procedures, and advocates continue to press federal authorities for clarity about the child's care and the timeline for any removal. People and other outlets have reported on the matter; requests for comment were made to relevant officials and representatives.