Mother, activists want teen in federal custody to return home, asks city officials for help

Autistic Houston boy still in federal custody

The Houston teen, who is sometimes nonverbal, is still in federal custody. His mother is now asking for the city's mayor to step in for his release.

HOUSTON - The mother of a 15-year-old boy with autism wants her son returned home after he went missing in Houston earlier this month and ended up being placed with the Department of Health and Human Services Office of Refugee Resettlement. He's been in federal custody for more than a week.

Activists are also demanding answers about why the Houston Police Department contacted U.S. Immigration and Customs Enforcement after finding the missing teen and how he ended up with the Office of Refugee Resettlement.

FOX 26 Houston asked the Houston Police Department how it unfolded.

Missing teen placed in federal custody

The backstory:

Emmanuel Gonzalez Garcia, 15, disappeared on Oct. 4 while selling fruit with his mother and sister in Spring Branch. His mother filed a missing person report that same day with Houston police. The boy is autistic and sometimes non-verbal. His social worker says he has the mindset of a 4 or 5-year-old.

On Oct. 10, his mother and FIEL held a press conference to call for help locating the boy. Afterward, the Houston Police Department notified the boy’s mother that he had been found safe.

Houston police response

What they're saying:

FOX 26 asked Houston police why the boy was turned over to the Office of Refugee Resettlement.

According to police, HPD officers helped the Houston fire department with a welfare check and located a boy on Oct. 5. The boy allegedly told police he was homeless and from another country. He allegedly told officers he didn’t have family in the area and couldn’t provide any contact information.

Police say HPD officers tried for more than four hours to identify the boy. Police say, after exhausting all other options, they contacted ICE. ICE then helped HPD place the boy with the Dept. of Health and Human Services' Office of Refugee Resettlement on Oct. 6. ORR provides shelter and care for unaccompanied migrant minors.  Houston police later learned the teen was the same boy who had been reported missing. The family says they were notified by police on Oct. 10 that Emmanuel had been found.

FOX 26 asked HPD if the officers followed protocol in this case and police said the officers did everything right.

Mother asks for help

At Tuesday's city council meeting, the mother begged city officials to help her bring her son home. 

The family is undocumented. FIEL Houston, an immigrant-led organization, said HPD made a serious mistake in this situation.

"Instead of looking for the missing person report, instead of trying to find his mom, because Emmanuel is not an unaccompanied youth, his mom is right here," said Cesar Espinosa, FIEL Houston.

On Monday, Emmanuel was hospitalized. His family said he received treatment for appendicitis at the Texas Children’s Hospital. He was recovering at the hospital, but FIEL says ORR picked him up, and he remains in federal custody. 

The mom says they plan to take legal action to get her son back.

City council and Mayor react

Several council members called the situation "disturbing," "unacceptable," and "an incredible misstep."

"We will immediately put a team together. I’ll be involved, and we will discuss what options are available for this tragedy. We will hold everyone accountable and be very transparent," said Mayor John Whitmire.

Dig deeper:

ICE response

In a statement over the weekend, ICE said the boy was never in their custody.

"On Oct. 5, the Houston Police Department contacted ICE about a minor they had picked up who claimed to be homeless and from another country. ICE worked with HPD to see if they could identify the minor or any of the minor’s family members living in the U.S. When no family could be identified, ICE helped HPD place the minor with the Department of Health and Human Services Office of Refugee Resettlement. At no point was the minor in ICE custody."