ICE Boston Arrests Convicted Murderer and Laotian National in Public Safety Operation
Officers with U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) Boston arrested Khambor Phouthongseng, a Laotian national with a significant violent criminal record, on Feb. 9. The operation targeted Phouthongseng due to his status as a “criminal illegal alien” with outstanding removal orders, marking a significant development in a case involving decades of legal proceedings.
Deep Search: Criminal History and Legal Context
Phouthongseng’s criminal history, alluded to in the initial report, involves a 1991 conviction for second-degree murder and kidnapping in Suffolk Superior Court. He was sentenced to life in prison with the possibility of parole for the death of 28-year-old Daravanh Phachansiri. According to Massachusetts parole records, Phouthongseng was originally granted parole in 2006 and transferred to ICE custody for deportation. However, because the government of Laos did not accept repatriations from the United States at that time, ICE was legally required to release him back into the Massachusetts community.
Following his 2006 release, Phouthongseng violated parole conditions multiple times, including a 2007 arrest for assault and battery and a 2012 restraining order for harassment, leading to the revocation of his parole and his return to state prison. He was eventually granted parole again in late 2021, contingent upon a “reserve to ICE detainer,” which facilitated his transfer to federal immigration authorities upon the completion of his state obligations.
Background: U.S.-Laos Repatriation Challenges
The arrest of Phouthongseng highlights the complex diplomatic and logistical challenges regarding deportations to Laos. For years, the U.S. government faced difficulties deporting Laotian nationals because the Lao People’s Democratic Republic refused to issue travel documents for their return. This led to “Zadvydas” releases, where undeportable individuals with criminal records were released into the U.S. public after a mandatory detention period.
However, in recent years, the U.S. Department of State has applied pressure on Laos to accept more deportees, leading to increased funding for reintegration programs and a rise in removal flights. ERO Boston’s recent action suggests that pathways for deporting individuals with serious criminal records to Laos may be opening, or that ICE is holding such individuals in anticipation of upcoming removal flights.
Objections and Human Rights Concerns
Advocacy groups focusing on Southeast Asian refugees frequently oppose these arrests, arguing that many individuals facing deportation to Laos arrived in the U.S. as refugee children and have little to no connection to their country of birth. Critics often point out that deporting individuals who have already served lengthy prison sentences—in Phouthongseng’s case, over three decades in and out of custody—constitutes a form of “double punishment.” Furthermore, organizations contend that the parole board’s decision to release a prisoner implies they have been rehabilitated and deemed safe for society, raising ethical questions about their subsequent detention and removal by federal immigration authorities.
mass.gov
mass.gov
mass.gov
