Federal Judge Denies Relief for Laotian Grandparents Facing Deportation

A federal judge has ruled against a request to prevent the deportation of Oucho Saelee and Lai Chiem Saelee, two Laotian immigrant grandparents, who are facing removal from the United States due to decades-old drug convictions. U.S. District Judge Tana Lin of the Western District of Washington determined on April 17 that the court lacks jurisdiction to grant the relief sought by the couple, who have lived in the U.S. since 1980 and have multiple U.S. citizen children and grandchildren.

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Oucho Saelee and Lai Chiem Saelee, both born in 1961, were convicted in 1993 for non-violent opium-related offenses in Washington state, serving ten-year prison sentences. Following their convictions, immigration judges issued final orders of removal against them in the late 1990s and early 2000s. The couple has remained under supervision in the U.S. because Laos had not been accepting deportees for many years, but has recently begun to accept a limited number of returnees.

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In their petition, the Saelees requested that immigration authorities provide six months to one year of advance notice before any detention and hold a pre-detention hearing. They argued that this notice was essential for pursuing additional legal challenges related to their immigration status and past convictions. However, government attorneys contended that federal law prohibits courts from interfering with the executive branch's discretion regarding the execution of removal orders.

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Judge Lin ruled that the court could not intervene in deportation decisions, citing federal immigration law that limits judicial authority over such matters. She noted that while the court could not grant the requested relief, immigration authorities must still adhere to legal procedures if detention or removal occurs.

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Judge Lin expressed concern over the potential impact of deportation on the Saelees, stating, "To remove petitioners from their U.S. citizen children, grandchildren, and loved ones... is an action that many would call cruel and heartless." She highlighted their contributions to society and community ties, emphasizing that they have "more than redeemed themselves for their past non-violent wrongs."

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Government attorneys indicated that Immigration and Customs Enforcement (ICE) does not plan to detain the Saelees unless travel documents are secured. They maintained that the couple's past mistakes do not warrant judicial intervention in the execution of their removal orders.

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• “To remove petitioners from their U.S. citizen children, grandchildren, and loved ones and return them to the country of their birth, a country that denies them citizenship, is an action that many would call cruel and heartless,” — Judge Tana Lin, U.S. District Court

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• “They made a serious mistake over 30 years ago, paid their debt to the community through serving their lengthy prison sentences, and have more than redeemed themselves for their past non-violent wrongs,” — Judge Tana Lin, U.S. District Court

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The ruling highlights the complexities of immigration law and the challenges faced by long-term residents with criminal convictions. The Saelees' case underscores the ongoing debate over deportation policies and the human impact of such decisions on families and communities.

Newsweek