Understanding the Reality of Lao Deportations: Separating Fact from Fear

The Truth About Lao Deportations

An article from The Laotian Times states that 4,850 Lao nationals are facing deportation from the United States. However, having a final order of removal is not the same as being actively deported. The reality is that Laos has not agreed to take back deportees from the U.S. due to the lack of a Memorandum of Understanding (MOU) between the two countries. Without an MOU, these 4,850 individuals are currently not at immediate risk of being removed.

That being said, Trump has had some success in persuading countries to accept deportees, even those who were previously resistant. For example, Venezuela, which had not been accepting deportations, recently changed its stance. Similarly, Cambodia, despite having an MOU, was not actively taking back deportees until changes were made under the Trump and late Obama administrations. This pattern raises concerns about whether similar pressure could be applied to Laos in the future.

Why Individuals with Final Orders of Removal Should Seek Legal Counsel

If you or someone you know has a final order of removal, it is crucial to seek legal advice as soon as possible. Even if you consulted with an immigration attorney years ago, the legal landscape is constantly shifting. Recent court decisions, particularly in the area of Crimmigration (the intersection of criminal and immigration law), may provide new legal avenues for relief.

For example, my office is currently handling a case in which we argue that Massachusetts’ definition of cocaine is overly broad, making a conviction under this statute insufficient grounds for deportation. This argument is based on a precedent set by the Second Circuit Court of Appeals, which held that an identical definition in New York could not be used to justify removal. Cases like these illustrate the importance of revisiting past convictions and removal orders with a fresh legal perspective.

Additionally, Massachusetts has favorable case law regarding ineffective assistance of counsel claims. If an attorney failed to properly advise a client on the immigration consequences of a plea deal, there may be grounds to challenge the conviction and, in turn, the removal order.

What About Detention and Prolonged Legal Battles?

Another critical issue is the potential detention of individuals with final removal orders. Given that Laos does not currently accept deportees, ICE detaining Lao nationals for extended periods could be legally questionable. This situation presents an opportunity to challenge detention through a writ of habeas corpus. If there is no reasonable likelihood of deportation, a federal judge could determine that continued detention is punitive rather than administrative, and order the individual’s release.

It is also important to be cautious about signing any paperwork while in ICE custody. Some individuals who have lived in the U.S. for decades, even those with U.S. citizen spouses and children, have been pressured into signing voluntary departure agreements, unknowingly waiving their rights to fight deportation. If you are detained, or fear you may be, consult an attorney before making any decisions.

Stay Informed, Stay Prepared

We are living in uncertain times. As I write this, we are only three weeks into the Trump presidency, and already the immigration landscape is shifting dramatically. Unfortunately, misinformation and fear-mongering are rampant, sometimes even fueled by the administration itself.

The best way to protect yourself and your loved ones is to stay informed and seek legal guidance proactively. If you or someone you know is concerned about deportation, whether due to a final order or simply fear of ICE enforcement, now is the time to explore your options.

If my office can be of any assistance, please do not hesitate to reach out. Stay safe, stay strong, and remember that knowledge and preparation are your best defenses in these challenging times.