Newsom pardon of immigrant with attempted murder conviction sparks federal clash

A California immigrant pardon has reignited tensions between the federal government and state officials, after a man with a prior attempted murder conviction avoided immediate deportation.

The Department of Homeland Security (DHS) said in a statement on February 23 that since January 20, 2025, at least 4,561 immigrants with criminal records were released from custody without being transferred to U.S. Immigration and Customs Enforcement (ICE). Federal officials said those individuals were associated with offenses including 31 homicides, 661 assaults, 574 thefts, 184 robberies, 1,489 drug crimes, 379 weapons violations, and 234 sex offenses.

Federal authorities attributed the releases in part to California’s so-called sanctuary policies. ICE said it has issued 33,179 detainer requests involving inmates in California correctional facilities. However, federal officials claim that state authorities often decline to honor those requests, resulting in releases.

The controversy centers on a pardon granted by Gov. Gavin Newsom. DHS said Newsom pardoned Somboon Phaymany, a Cambodian national with prior convictions for attempted murder and firearm-related assault. As a result of the pardon, the legal basis for his existing removal order was removed, allowing him to reenter immigration proceedings rather than face immediate deportation.

Phaymany was convicted in 1997 of attempted murder, assault with a semiautomatic firearm and conspiracy to commit firearm assault. He was 19 at the time and received a sentence of more than 14 years to life. The conviction caused him to lose his lawful permanent resident status. In 2019, an immigration judge issued a final order of removal.

Under immigration law, certain felony convictions can trigger mandatory deportation. However, a gubernatorial pardon does not erase the criminal conviction itself. Instead, it can remove the specific grounds that make the conviction a deportable offense.

In a notice issued last December, Newsom said the pardon did not minimize the seriousness of the crime or excuse the harm caused. Instead, he said the decision recognized the individual’s subsequent rehabilitation and personal efforts at reform.

DHS responded that the pardon eliminated the aggravated felony grounds that had supported the deportation order. “This individual may now remain in the United States,” the agency said. DHS spokesperson Tricia McLaughlin criticized the decision, stating that allowing a person convicted of attempted murder to remain in the country threatens community safety and could endanger the public.

Meanwhile, ICE recently sent a letter to California officials seeking clarification on whether individuals who have completed their sentences but lack legal status will be transferred to federal custody. A detainer request asks local authorities to hold a person for up to 48 hours beyond their scheduled release so federal agents can assume custody.

The California immigrant pardon has once again placed immigration enforcement and state autonomy at the center of a renewed federal-state dispute.

BY HANKIL KANG  [kang.hankil@koreadaily.com]