A Korean American man, recently paroled after serving 25 years in prison for a murder conviction, is facing possible deportation to South Sudan, a country with which he has no known ties. The move has sparked controversy and conflicting claims between U.S. Immigration and Customs Enforcement (ICE) and the Korean government, raising the possibility of a diplomatic dispute.
Disputed Deportation Raises Legal and Diplomatic Flags
According to his father, the man—referred to as Mr. K—was released from Valley State Prison near Fresno on April 28 and immediately transferred to ICE custody. He was initially held at the Northwest ICE Processing Center in Washington and is currently detained at the Port Isabel ICE Detention Center in Texas.
Mr. K was convicted for a fatal shooting that took place in Koreatown, Los Angeles, in 2000. He was sentenced to 50 years in prison, as reported on the front page of The Korea Daily on August 7, 2002, and was granted parole in December 2023.
His father told The Korea Daily that on May 19, ICE officers informed Mr. K that the Korean government had refused to accept him and stated that even if he did not sign deportation documents, he could still be sent to South Sudan. The father said he was so shocked by the news that he collapsed and suffered a fractured hip.
Korean Government Denies Refusal to Repatriate
Yun Sungjo, a consular officer at the Korean Consulate General in Houston, which has jurisdiction over Texas, told The Korea Daily on May 21, “The Korean government has never refused to accept its nationals, and we have not received any such information from ICE.” He added that he had personally spoken with Mr. K and that the consulate is taking all necessary diplomatic steps to ensure his return to Korea.
On May 20, ICE reportedly attempted to deport Mr. K to South Sudan by transporting him to the airport. However, just before boarding, his name was removed from the passenger list and he was returned to the ICE detention center. According to his father, Mr. K was one of 10 detainees taken to the airport that day. Eight were deported to South Sudan, while Mr. K and one other person were excluded. The reason for this last-minute decision remains unclear.
Legal Questions and Due Process Concerns
Under U.S. immigration law (INA 241(b)), foreign nationals ordered for deportation are to be returned to their country of nationality or last habitual residence. Exceptions are allowed only in specific cases, such as when the person is stateless, when the home country refuses repatriation, or when deportation poses a threat to the individual’s life. None of these exceptions appear to apply to Mr. K.
Junghoon Song, an immigration attorney, explained, “Anyone with a serious felony conviction who is not a U.S. citizen will be placed in ICE custody or deportation proceedings upon completion of their sentence. Deportation to their home country is the standard.”
South Sudan, currently designated as a “Do Not Travel” country by the U.S. Department of State due to civil unrest, violence, and human rights abuses, is not considered a safe or logical deportation destination.
The Korea Daily contacted ICE on May 20 to inquire about Mr. K’s case. Spokesperson Yasmeen Pitts O’Keefe responded that she would “look into it and follow up,” without offering further comment.
The possibility remains that ICE could deport Mr. K to a third country without the consent or coordination of the Korean government.
Federal sources confirmed that on May 20, eight individuals were deported to South Sudan, excluding Mr. K and one other. Most of the deported individuals were of Asian descent, from Myanmar, Vietnam, and Laos, and all had prior convictions for serious crimes such as murder, child sexual abuse, and rape.
In response to the mass deportation, U.S. District Judge Brian Murphy of Massachusetts issued an emergency stay order, stating that the individuals had not been given an opportunity to appeal and that the Department of Homeland Security (DHS) had “clearly violated the law.”
The DHS responded with strong criticism, stating the court should “prioritize the safety of Americans.”
BY HANKIL KANG [kang.hankil@koreadaily.com]
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