Immigration officials have received word of a court order blocking the deportation of an Alabama man pending his deportation to Laos, the US Department of Homeland Security said Wednesday, denying allegations that officials violated the order.
Chanthila “Shawn” Souvannarath, 44, was deported Friday, according to his attorneys, a day after a federal judge in Baton Rouge, Louisiana ordered U.S. Immigration and Customs Enforcement to keep him in the country so he could file what the judge called a “substantial claim for U.S. citizenship.”
Souvannarath was born in a refugee camp in Thailand but lived most of his life in the U.S. DHS spokeswoman Tricia McLaughlin said the judge’s order to keep him in the country “was only served on ICE after Souvannarath was deported.”
“Unfortunately for the media, there was no mistake,” McLaughlin said in a statement.
DHS and ICE did not respond to questions from The Associated Press seeking additional information about the timeline and how officials obtain federal court orders.
The American Civil Liberties Union, which represents Souvannarath, asked U.S. District Judge Shelly Dick to order his immediate return to the United States, calling the deportation “unlawful.”
“ICE acted in direct defiance of a federal court order that should be troubling to everyone,” said Nora Ahmed, legal director of the ACLU of Louisiana.
The deportation comes as Trump administration officials have repeatedly clashed with the courts over their attempts to deport large numbers of immigrants. There have been cases in the past where US citizens have been deported, including children born in the US.
Souvannarath most recently lived in Arab, Alabama. Court records show he was granted lawful permanent residency in the U.S. before his first birthday. His father, who is originally from Laos, is a naturalized U.S. citizen, and Souvannarath claims his citizenship comes from that status.
Souvannarath was detained by ICE in June following an annual immigration background check. Two of his five children were with him when he was arrested, his wife told the AP.
McLaughlin said Souvannarath “lost his green card” and in 2006 was ordered deported after being convicted of “atrocious crimes” — assault and illegal possession of a firearm — and “had no right to be in this country.” It is unclear why Souvannarath was not previously detained by ICE.
in 2004 Souvannarath was convicted of unlawful possession of a firearm and assault against his then-girlfriend in King County, Washington. He also had a misdemeanor conviction against the same woman several years ago, court records show.
“After 20 years, he tried to ‘Hail Mary’ to stay in our country, claiming to be a US citizen,” McLaughlin wrote in his statement. “I know this shocks the media, but criminal illegal aliens lie all the time.
Souvannarath’s wife, Beatrice, described him as a hard-working and loving father who had stayed out of trouble since his run-ins with the law two decades ago. He mostly worked installing air conditioners and heaters, she said. “He doesn’t even drink,” she said.
His wife said she received word last week that he was being deported and days later that he was being detained in Laos, a country he had never visited before.
Representing himself in court, Souvannarath filed an emergency motion to stop his deportation. A judge appointed by President Barack Obama cited “irreparable harm that would be caused by immediate deportation” in issuing a temporary restraining order halting deportation for 14 days.
Prior to deportation, Souvannarath was detained at a newly opened ICE facility at the Louisiana State Penitentiary in Angola.
__ Mustian reported from New York. Associated Press reporter Cedar Attanasio contributed from Seattle, Washington.