A Cambodian American was paroled after 22 years in prison. He’s now been detained by ICE

A Cambodian-American man was paroled from a California prison Monday. However, his freedom was short-lived.

Upon leaving San Quentin State Prison this morning after serving a 22-year sentence, Tith Ton was immediately detained by a private security firm contracted by Immigration and Customs Enforcement. He was taken to the ICE office in San Francisco and will be headed to the Yuba County Jail, said Anoop Prasad, an attorney with the Asian Law Caucus.

Ton, 40, is one of the 11,000 Californians serving time in state prison who could face deportation upon being released. He was granted parole July 19, and the 150-day period for Gov. Gavin Newsom to reverse the decision passed without action, meaning he would leave prison.

Newsom did not stop San Quentin from cooperating with ICE officials. No state law requires state prisons to work with ICE, Prasad said.

Newsom’s office did not comment, other than to confirm Ton was allowed parole, according to the Associated Press.

Ton’s removal proceedings will start soon, Prasad said. He could be deported to Cambodia, where he has not been since he was a young child.

Prasad said Ton could spend a considerable amount of time in Yuba County Jail. Ton will have to wait for paperwork on removal proceedings and won’t have an immigration court appearance to appeal for his case until at least January.

“Honestly, it could be years,” Prasad said.

Conditions in Yuba County Jail are “pretty terrible,” Prasad said. It is known for its 23-hour lockdown, with no yard or natural light for inmates. But Ton, a licensed substance abuse counselor, spoke of setting up a program at the jail, according to Prasad.

Some of Ton’s family members waited at San Quentin State Prison for Ton’s release, then were able to see and talk to him at the ICE office, Prasad added.

Nathaniel Tan, an advocate from the Asian Prisoner Support Committee, said Ton looked good on his first day out of San Quentin. A change of pace and scenery is exciting for someone who has been incarcerated for 22 years, Tan said, adding that Ton was calm as he was transferred to another system.

Assembly Bill 1282 would have prohibited the California Department of Corrections and Rehabilitation employees and contractors from letting private security contractors from entering CDCR property for immigration enforcement purposes. Newsom vetoed the bill, citing concerns on negative impacts on prison operations.

Last week, ICE notified Ton they plan to detain him upon his parole, Prasad confirmed with The Sacramento Bee.

Newsom said in November the issue of rehabilitating inmates and preparing them for life outside prison has become “personal to him during the 10 to 20 hours per week he and his staff spend on decisions to release inmates on parole.”

Ton was born in a labor camp in Battambang, Cambodia, and was later granted refugee status to flee the genocide to the United States in 1981 as a child. He has never been back since.

In 1997, 16-year-old Ton was sentenced to life in prison after killing a rival gang member. During his sentence, Ton completed his education and later became a certified substance abuse counselor.

In early November, advocates and community leaders presented a petition bearing over 40,000 signatures to urge Newsom to stop Ton from being transferred to ICE custody. Options Recovery, a non-profit based in Berkeley, even offered him a job as a substance abuse counselor after his release.

Last week, advocates and family members have gathered at the ICE office in San Francisco to urge Newsom to keep Ton safe from ICE.

W. Kamau Bell, comedian and television host for CNN’s United Shades of America, also tweeted to Newsom to not to hand Ton over to ICE.

“He is a legal immigrant who served his time and is strengthening his community,” Bell wrote.

The Rev. Dr. Allison Tanner, a faith leader with Interfaith Movement for Human Integrity, called for sanctuary for immigrations in state prison in a piece she wrote on Medium.

“Although California calls itself a Sanctuary State, Governor Newsom still allows our state prison system to collaborate with ICE, doubly punishing immigrants that our criminal justice system has deemed worthy of returning to their communities,” Tanner wrote.

Deportations to Cambodia have increased 279 percent since 2017, due to visa sanctions imposed by the Trump administration on some Cambodian officials and families.

This story was originally published December 23, 2019 at 4:00 AM.