HOUSTON (KIAH) – After days in the care of the Department of Health and Human Services Office of Refugee Resettlement, 15-year-old Emmanuel Gonzalez Garcia was rushed to the hospital for surgery involving appendicitis. His mother Maria Garcia prayed and pleaded that he would be able to recover at home in his bed.
Cesar Espinosa, Executive Director of FIEL, and advocate for the Garcia family, said the teen was taken to the hospital on Monday and had surgery. They hoped Emmanuel would be released to his mother. Espinosa told CW39 at 8:17 a.m. Tuesday, that Emmanuel will be staying in the care of ORR.
It all started on Oct. 4, when Emmanuel vanished from a fruit stand where he was helping his mom, Maria, sell fruit on a quiet Saturday afternoon. Maria said she started the stand after losing her job. She said Emmanuel needed to use the bathroom, and while she tended to a customer, he walked away.
“He was with me and his little sister; indeed, he asked me to go to the bathroom, and I was with a customer,” said Maria Garcia, Emmanuel’s mother.
For several days, Maria searched the streets near Clay and Hempstead Road, calling Emmanuel’s name, handing out flyers and praying someone, somewhere, had seen her son.
Maria said she started the fruit stand to make money to care for her family. She said the location of Clay and Hempstead was only her second time there. She said she chose that location because it was well-lit and she felt safe at that location to sell fruit.
Houston Police said officers found Emmanuel with the Houston Police Department after they were called for a welfare check on him. Police said they sat with him for four hours and tried to reach out to family or someone he knew. Maria said Emmanuel, who has autism, would not be able to verbally tell the officer anything in detail because he has the mindset of a 4-5-year-old.
Police said after not being able to reach or identify him or anyone in Emmanuel’s household, they reached out to federal authorities for help identifying his family. Immigration and Customs Enforcement (ICE) tells CW39 they assisted HPD in trying to locate family members, but when none could be confirmed, Emmanuel was placed in the care of the Office of Refugee Resettlement, the federal agency that provides housing and support for children who arrive in the U.S. alone.
In a statement, ICE clarified:
“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.”
That means Emmanuel is safe and being cared for, but not yet reunited with his family.
Advocates said this was a case like no other, and they are working to make sure they reunite the family.
Maria is now working with immigration advocates to navigate the process. They say the next steps include requesting Emmanuel’s formal release from custody.
Espinosa said while the process could take weeks, they will not give up.
For now, Emmanuel remains in the care of the Office of Refugee Resettlement. His story, one that began with fear and uncertainty, has become a window into how complex and emotional these cases can be.
“The worst-case scenario is that he’s detained indefinitely, and at 17 and a half years old, immigration, for immigration purposes, you turn into an adult, and he could be deported back to Nicaragua without anyone having a say in it,” Espinosa said.