- DHS spokesperson Tricia McLaughlin publicly disclosed a 13-year-old migrant’s alleged criminal history, including name, DOB, and mugshot, drawing legal criticism.
- Legal experts say the disclosures likely violated federal and Massachusetts juvenile privacy laws and DHS guidelines, prompting calls for investigations.
- Community protests, a habeas petition, and court orders followed, highlighting tensions over juvenile immigration detentions and information handling.
In a move that’s sparked sharp criticism from legal experts, Tricia McLaughlin, the Assistant Secretary for Public Affairs at the Department of Homeland Security (DHS), has been accused of violating federal and state privacy laws by publicly sharing sensitive details about a 13-year-old boy’s alleged criminal history.
The boy, a Brazilian asylum seeker named Arthur Yuri De Almeida Silva Berto, was detained by Immigration and Customs Enforcement (ICE) in Everett, Massachusetts, and transferred to a juvenile facility in Virginia, prompting widespread outrage and questions about the handling of minors in immigration cases.
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The controversy erupted after Berto’s arrest on October 9, 2025, when Everett police took him into custody following a report that he had threatened another student at Albert N. Parlin School.
Local authorities recovered a 6- to 7-inch double-edged knife from the boy but emphatically denied claims that he possessed a firearm.
Everett Mayor Carlo DeMaria and Police Chief Paul Strong held a press conference on October 14, clarifying that no gun was involved in the incident.
Despite this, McLaughlin posted on X (formerly Twitter) on October 13, alleging the teen had an “extensive rap sheet” including violent assault with a dangerous weapon, battery, breaking and entering, and destruction of property, and claimed he was carrying both a firearm and a knife at the time of arrest.
DHS echoed these assertions in its own posts, aiming to counter what it called misleading media narratives about the detention.
A high-ranking Trump administration official later provided Fox News Digital with an immigration court document detailing Berto’s alleged ties to the Brazilian gang “33” and listing 11 prior police complaints for offenses like flash mob-style shoplifting, underage drinking, vandalism, theft, and fighting.
According to DHS, Berto entered the U.S. illegally near San Luis, Arizona, in September 2021 at age 9, alongside his family, who are still pursuing asylum.
But the public disclosure of these details, including Berto’s name, date of birth, and a mugshot from an Everett Police report shared by McLaughlin on October 15, has drawn fire for potentially breaching juvenile privacy protections.
Investigation Talks Surface on the Incident
Under the Federal Juvenile Delinquency Act, juvenile records must be safeguarded, and names or pictures can’t be publicized unless the case is prosecuted as an adult.
Massachusetts law similarly seals delinquency records to prevent stigmatizing children, with limited exceptions.
Five legal experts consulted by The Daily Beast described the actions as likely violations of these laws and DHS’s own guidelines, which restrict the release of such information.
Nora Demleitner, a law scholar and former president of St. John’s College, told The Daily Beast, “DHS and McLaughlin were either oblivious to legal and ethics rules surrounding the release of juvenile records, or they don’t care.”
She added that in a law-abiding administration, McLaughlin “would already have been removed,” and called for investigations by DHS ethics officials or Massachusetts authorities.
John W. Day, a New Mexico criminal defense lawyer, labeled the disclosures “intentional and willful violations,” but expressed doubt about enforcement under the current administration.
Other attorneys, like Sam Bassett and Arash Hashemi, highlighted the importance of confidentiality in juvenile justice and potential consequences such as Inspector General probes or congressional scrutiny.
Berto’s immigration lawyer, Andrew Lattarulo, filed an emergency habeas corpus petition in federal court, leading U.S. District Judge Richard G. Stearns to order ICE to justify the detention by October 14 or hold a bond hearing by October 17.
Lattarulo told CNN he was shocked by the allegations and noted this was his first child case, emphasizing that state and federal laws require a parent or guardian’s presence during questioning of minors.
The boy’s mother, who declined to comment on the criminal history, expressed distress over her son being held over 500 miles away.
Public Response to the Incident
Community response has been swift.
Dozens gathered outside Everett City Hall on October 14 for a vigil and city council meeting, demanding Berto’s release and a ban on local police collaboration with ICE.
Protesters, including teachers and organizers, decried the detention as a human rights issue.
City Councilor Katy Rogers called for McLaughlin’s firing over spreading false information about a minor.
This isn’t the first time McLaughlin has faced backlash for her statements.
Last month, she falsely accused a mother who miscarried in ICE custody of being a wanted killer, and more recently, she misidentified a video of a teen girl’s arrest as unrelated to ICE.
David Bier of the Cato Institute has dubbed her the “secretary of lies” amid these incidents.
DHS has stood by its claims, with McLaughlin responding to inquiries by saying, “We pray you start listening to the facts instead of swallowing every leftist talking point that’s fed to you.”
What comes next?
As the Trump administration pushes for 3,000 deportations amid heightened immigration enforcement, cases like Berto’s highlight tensions over juvenile detentions and information handling.
Berto remains at the Northwest Regional Juvenile Detention Center in Winchester, Virginia, pending further proceedings.
While some defend DHS’s actions as necessary for public safety, critics argue the privacy breaches set a dangerous precedent.
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