ICE Faces Legal Challenge Over Iowa Man’s Deportation
U.S. Immigration and Customs Enforcement (ICE) is currently embroiled in a legal dispute regarding the deportation of an Iowa resident back to Vietnam. Hien Tai, whose name may appear as Hein in various court documents, has filed a lawsuit against ICE, the U.S. Department of Homeland Security, and the Polk County Jail in the U.S. District Court for the Southern District of Iowa. He is seeking his immediate release from custody where he has been held since January 15, 2026, claiming violations of his due process rights.
Background of the Case
According to court records, Tai immigrated to the United States from Vietnam in 1992 and subsequently became a legal permanent resident. His criminal history includes a conviction in 1997 for terrorism and second-degree murder stemming from a shooting incident at Café di Vin in Des Moines on August 6, 1995. The shooting reportedly involved two groups, and witnesses indicated Tai was armed with a .38 revolver that was later linked to another fatal shooting.
Deportation Challenges and Legal Proceedings
Following the completion of his prison sentence in March 2013, Tai was turned over to ICE and transferred to Alabama while awaiting deportation. However, complications arose due to Vietnam’s stringent regulations regarding deportations. Unable to facilitate his removal, ICE released him after 90 days under a “supervision order,” which mandated regular check-ins with federal agencies.
Arrest and Claims of Violated Rights
The Department of Justice claims that Tai’s arrest on January 15, 2026, was triggered by his failure to attend one of these check-in appointments in December 2025. His attorney, Alexander Smith, argues that Tai should not be detained again given his long record of law-abiding behavior since his release. Smith contends that Tai poses no risk of reoffending and highlights the anomalous nature of ICE’s current stance, noting that thirteen years ago, Tai was deemed safe enough to be released.
Arguments for Release
In court, Smith emphasized that Tai’s rights are being compromised due to the severe restrictions on deportations to Vietnam. He argues that the relocation of Vietnamese nationals is not realistically achievable and contends that the federal government failed to provide the necessary written notice justifying Tai’s detention and the revocation of his supervisory release in January 2026.
Government’s Position
David C. Waterman, the U.S. Attorney for the Southern District of Iowa, has countered in a recent court filing that federal authorities are actively engaging with the Vietnamese embassy about the deportation of Tai and other nationals. Waterman asserts that Tai was appropriately informed of the reasons for the revocation of his supervised release.
Ongoing Court Proceedings
In response to Waterman’s claims, Smith has characterized the government’s assertion about providing notice as “frankly unbelievable,” labeling it as a “non-existent notice” that the authorities would not be able to produce. In a filing advocating for Tai’s release, Smith reiterated that while Tai acknowledges his past convictions, he has served his sentence and lived without any legal troubles for over a decade. The court has yet to issue a ruling on Tai’s request for immediate release.
