One ICE detainee’s story highlights gaps in due process : NPR

How One ICE Detainee’s Story Exposes Critical Flaws in Due Process: An NPR Investigation


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Roman and Samantha Surovtsev captured in a photo from August 2024.
Credit: Surovtsev family

In 2017, Samantha Surovtsev crossed paths with Roman Surovtsev while enjoying a jet skiing outing.

From the outset of their relationship, Roman was transparent about his background. He shared that he arrived in the United States as a refugee from the former Soviet Union when he was just four years old. During his teenage years, his green card was revoked following guilty pleas to carjacking and burglary charges in California.

After serving his prison sentence, Roman was taken into custody by Immigration and Customs Enforcement (ICE) in 2014 as authorities attempted to deport him to Ukraine and Russia. However, both nations were unable to verify his citizenship or provide the necessary travel documents, as he had left before the Soviet Union dissolved, according to legal documents obtained by NPR.

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Since then, Roman has complied with annual check-ins with ICE, a routine followed by many immigrants who find themselves stateless in the U.S. Meanwhile, the Surovtsevs built a life together-marrying, raising children, and establishing a small commercial painting company in Texas.

However, a routine visit to the Dallas ICE field office in early August, intended to last just ten minutes, unexpectedly stretched into a tense half-hour wait in the parking lot. Samantha described the moment as filled with anxiety, hoping fervently that Roman would not be detained.

Her fears were confirmed when she received a call labeled “from a detainee,” signaling Roman’s detention during what should have been a standard check-in. This incident reflects a broader pattern where ICE detains individuals during scheduled appointments to meet the administration’s goal of deporting one million people annually.

The Personal Side of Immigration Enforcement

What sets Roman’s case apart is the legal support he has secured. Unlike many others targeted by the administration’s mass deportation efforts, Roman has a dedicated team of attorneys advocating for his right to present his case before a judge.

Samantha emphasized the importance of recognizing the human stories behind immigration statistics. “Every individual’s situation is complex and deserves a fair hearing,” she said. “This isn’t a simple matter of black and white.”

The Surovtsevs on their wedding day, Sept. 29, 2019

The Surovtsevs on their wedding day, September 29, 2019.
Credit: Surovtsev family

Legal filings reveal that ICE is attempting a second deportation of Roman to Ukraine, a country unable to confirm his citizenship and where he risks conscription into military conflict. His attorneys argue that this re-detention violates constitutional protections, as no new developments have made deportation more feasible, and there is little chance of his removal in the near future.

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Roman’s predicament was further complicated at the Bluebonnet Detention Center in Texas, which was overcrowded this summer and also housed migrants from Venezuela. Despite being fluent in English, Roman was provided deportation documents in Ukrainian, a language he neither speaks nor reads, underscoring the bureaucratic challenges he faces.

The Justice Department maintains that the re-detention is lawful, citing ongoing efforts to obtain updated travel documents from Ukraine. Deportation officer Zachery Hagerty expressed belief that Roman might be deported to a third country if not Ukraine itself.

The Department of Homeland Security has not commented on Roman’s specific case.

Meanwhile, Roman’s legal team has successfully overturned his carjacking conviction, contending that he was not properly informed about the immigration consequences when he pleaded guilty as a minor.

Eric Lee, a partner at Lee and Godshall-Bennett law firm representing Roman, stated, “This is straightforward. He is entitled to regain his green card, which makes the administration’s efforts to deport him to a country where he faces grave danger all the more cruel and irrational.”

Challenges in Upholding Due Process

During Roman’s detention, he has missed significant family milestones, including his wedding anniversary, his wife and daughter’s birthdays, and has been unable to support his ailing mother. Samantha has had to pause their painting business for nearly two months, leaving their employees without work, while she focuses on coordinating with lawyers nationwide to restore Roman’s legal status and secure his release.

Advocates argue that the administration’s aggressive deportation tactics undermine the limited due process protections available to immigrants, increasing the risk of wrongful removals. The administration has openly acknowledged that not everyone targeted for deportation will receive a trial.

Immigration officers have been instructed to make arrests during court appearances, even when judges have ordered immigrants to return for hearings. Additionally, the Department of Homeland Security mandates detention for immigrants during their proceedings, especially for those who entered without authorization.

Chris Godshall-Bennett, a constitutional and civil rights lawyer on Roman’s team, noted, “Many individuals face similar re-detention circumstances, and numerous habeas corpus petitions have been filed this summer challenging the legality of these detentions.”

While immigration proceedings can be protracted, most detainees lack legal counsel to navigate their cases. Lee emphasized that the government’s repeated attempts to deport Roman to Ukraine demonstrate a disregard for legal protections. “The real danger is not just mistaken deportations, but a deliberate erosion of safeguards designed to protect vulnerable individuals,” he said.


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