WASHINGTON, D.C. — The Department of Homeland Security is pushing back after a federal judge in Massachusetts halted the deportation of eight foreign nationals convicted of violent crimes, all of whom had been issued final orders of removal by immigration courts.
The individuals, who were removed by Immigration and Customs Enforcement earlier this month, included convicted murderers, rapists, and pedophiles. DHS officials say all had exhausted their legal appeals and were lawfully deported under U.S. immigration law before the judge’s ruling.
“This ruling is deranged. These depraved individuals have all had their day in court and been given final deportation orders,” said DHS Assistant Secretary Tricia McLaughlin. “The message this activist judge is sending to victims and their families is we don’t care.”
According to ICE records, the individuals deported include Enrique Arias-Hierro, a Cuban national convicted of homicide, armed robbery, and kidnapping, and Jose Manuel Rodriguez-Quinones, also of Cuba, convicted of attempted first-degree murder and cocaine trafficking. Both men had been subject to removal orders for more than a decade.
Laotian national Thongxay Nilakout and Vietnamese national Tuan Thanh Phan were convicted of first-degree murder in separate cases. Phan was sentenced to 22 years in prison and ordered removed in 2009. Nilakout, sentenced to life, received a final removal order in 2023.
Convictions include child sex abuse and rape of disabled victims
The deportees also include individuals convicted of sexually violent crimes. Burmese citizen Kyaw Mya was convicted of lascivious acts with a child under 12. He served four years of a 10-year sentence and received a final order of removal in 2022.
Another Burmese national, Nyo Myint, was convicted of sexually assaulting a victim who was mentally and physically incapable of resistance. Myint, who also faced aggravated assault charges, was ordered removed in 2023.
South Sudanese citizen Dian Peter Domach, convicted of robbery and firearm offenses, had been under a final removal order since 2011. Mexican national Jesus Munoz-Gutierrez, sentenced to life for second-degree murder, was ordered removed in 2005.
Despite these final orders, the judge’s ruling seeks to block their deportation and potentially require the government to return them to U.S. custody. The basis of the injunction has not yet been made public.
The Department of Homeland Security and the Department of Justice have not confirmed whether they will appeal the Massachusetts ruling or comply with efforts to repatriate the individuals.
DHS officials maintain that all eight had exhausted all legal avenues and were removed in accordance with federal law.