A Vietnamese man who arrived in the United States as a child is now detained by ICE over a decades‑old marijuana charge that was expunged from his record. The case highlights the risks faced by long‑term residents with past convictions.
A Father Faces Deportation
Hai Nguyen, who has lived in Oklahoma for nearly 15 years and worked as a laborer, was taken into custody during a routine ICE check‑in on Monday. He had complied with all immigration requirements for years.
His wife, Holly Forster‑Nguyen, said the detention shocked the family and upended their lives. She said the family is now scrambling to find a way to keep him present for their children.
Decades‑Old Charge Causes Issues
The charge dates to his college years, more than ten years ago, and was removed from his criminal record after he completed community service. Although expunged, the record still showed up in ICE’s background checks.
Despite the expungement, ICE determined the conviction made him removable, because Vietnam would not accept his request for travel documents under pre‑1995 deportation rules. Officials argued that the old charge created a legal basis for removal despite the lack of a current conviction.
ICE Pursues New Targets
Immigration attorney Lorena Rivas noted a surge in enforcement actions against Vietnamese nationals this year. She said the trend reflects a broader shift in administration priorities.
She said the administration is using broader tools to detain individuals without fully reviewing their histories. The approach creates confusion and raises concerns about due process.
What Happens Next
The Nguyens have retained legal counsel and are seeking a stay of deportation while they argue the charge should not affect his residency. Their attorney says they will continue to fight the removal through all available legal channels.
Rivas warned that stopping the removal will likely require a governor’s pardon or a successful legal challenge, making immediate relief unlikely. Without such action, the family faces the prospect of separation and potential deportation.
