By Alan Gionet
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COLORADO (KCNC) — A man of Laotian descent in Colorado remains at the ICE detention facility in the Denver metro area awaiting deportation that he’s not fighting. In fact, he’s asking for it.
Keooudone Phetchamphone, who has been under a deportation order since 2010, has informed authorities he wants to go back to Laos. But the family of the 56 year old claims Immigration and Customs Enforcement has been slow in getting the process moving, and “Don,” as he is known to family, has missed two flights that have taken deported people to Laos.
“I thought my brother would just be checked in, six weeks later he would just be gone and back to Laos to start his life. And it is not happening that way,” said Don’s sister Pathoumma Phetchamphone.
Instead, more than two months have passed and her brother, who was taken into custody at a yearly check-in, remains at the ICE facility in Aurora.
“We’re not slow rolling getting him out of here,” said an ICE spokesman in response to the family’s allegations.
Keooudone, his sister, another brother and parents came to the United States as refugees in 1979. That followed five years at a refugee camp awaiting a sponsor to come to the U.S. Their father had helped American military forces during the U.S. war in Vietnam, which also edged over at times into Laos and Cambodia. Keooudone’s sister, who goes by “Pat,” excelled, getting a law degree and going into real estate and mortgages. Keooudone, who goes by “Don,” had trouble.
“I think he had a harder time, acclimating than oldest brother and I,” said Pat. “(He) ended up just hanging out with the wrong people and doing the wrong things,” she explained.
Between 2003 and 2007, Don was arrested on a list of charges including assault, drug possession, weapons possession, domestic violence and harassment. There was time behind bars. In 2010, he was taken into custody by immigration authorities and ultimately a deportation order was entered. Law required that anyone under that order must be deported within six months, or be freed from immigration custody. The United States had no diplomatic agreement on deportation with Laos, a communist country, so he could not be deported and was freed. Don was then under an order of supervision and told to check-in yearly. His sister says he could not get a passport from the U.S. or Laos, or permission from Laos to depart.
His family says he began to change. Don was moved to help the Lao Buddhist Temple in Westminster rebuild after it was hit by fire in 2011.
“He has gone there for the past 14 year(s) with his blood, sweat, tears and thousands and thousands of dollars and poured that into that temple which is now 80% or 90% done,” said his sister. “I mean if he hasn’t done anything for that long, I think he’s a changed man.”
Don has been working for his sister and brother and at a property he manages for them. He also has been instrumental in helping other refugee families.
“Mr. Don was the first person who extended a helping hand. He patiently taught us how to use basic household appliances, cook safely, shop for groceries and pay bills. He guided us through every step of adapting to life in America,” wrote Durga Niroula, a Nepalese refugee.
There was an additional misdemeanor charge in 2013 in connection with an alleged hit and run involving an unoccupied vehicle, but otherwise, Don’s record in Colorado shows no additional arrests or citations in the past dozen years.
This year, he decided he would try to self-deport to Laos.
“He had a feeling that something was going to be different during the administration and so he wanted to go back,” said Pat.
Family and supporters backed him up, even holding a deportation party at the temple in mid-August. Don was scheduled to check-in with ICE Aug. 27.
“We hired attorneys to tell ICE that he wanted to go back to Laos. Our attorney gave them a week’s notice. Told them of our intent. We brought the application to the ICE check-in.” Don was arrested at his check-in and held by ICE.
Citing Don’s rap sheet, a spokesman for ICE said, “What I see here was this was somebody who had no intention of going back to Laos until he got arrested.”
But family says ICE had been informed. The ICE spokesman followed with an emailed statement, “If Phetchamphone was so intent on returning to Laos on his own he could have done so in the 15 years since the removal order was issued by the immigration judge.” But in the same statement, addressing the question of why he has yet to be deported by ICE after being in custody since late August, the statement said, “ICE must receive his travel documents from the government of Laos before his removal can be effectuated.”
Pat, who activated her law license in order to represent her brother, says ICE has been slow and even resistant when it comes to allowing her brother to sign paperwork necessary to say he will not challenge deportation. The family filed with the government of Laos mid-year to gain Don permission to return. Pat says that permission came through in October, but the government of Laos will only issue it to ICE with her brother in custody. Pat claims delays in ICE processing Don’s paperwork has led to no receipt of the proper approval.
“I don’t understand why taxpayers have to sit here and litigate and defend a case where a person wants to go home,” said Pat.
“The notion that ICE is somehow delaying Phetchamphone’s removal is laughable at best,” said the ICE statement.
The family is offering to pay for his flight back to Laos, rather than have him shipped on a cargo plane with other deportees. Pat says they are willing to compensate the government for the cost of an ICE agent to go with him if necessary. But ICE says due to his “extensive criminal history,” he is not eligible for a voluntary removal program.
Keooudone Phetchamphone remains in ICE custody. Pat says his health has grown worse and they are concerned about the medical care he is getting in the facility run by contractor Geo Group. She says the family plans to help him open an orphanage in Laos in the name of their parents when he does get back to his native country.
“He’s moved on, but it seems like ICE won’t let him move on. So he just wants a fresh start,” said Pat.
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