Free After 43 Years Wrongfully Jailed: Why is ICE Deporting Subu Vedam?
For most Americans, spending forty-plus years behind bars for a crime you didn’t commit sounds like a nightmare that would end with freedom and a sunrise.
For Subramanyam “Subu” Vedam, 64, freedom arrived only to be snatched away moments later. After more than four decades in a Pennsylvania prison, Vedam’s 1983 murder conviction was overturned earlier this year.
Yet instead of walking into the arms of his family, he was met by immigration officers. Today, he sits in an ICE detention center in Alexandria, Louisiana—a facility built with its own airstrip for deportation flights.
A Life Stolen—Then Put on Hold Again
Vedam came to the United States from India when he was nine months old. He grew up in Pennsylvania, attended school there, and was a lawful permanent resident whose citizenship application had already been accepted before his arrest in 1982.
That same year, a murder charge changed everything. Though he maintained his innocence, a jury convicted him. He was sentenced to life in prison. The following year, he accepted a no-contest plea to a small LSD-delivery charge, meant to be served concurrently with his life term.
It is that minor drug plea more than 40 years old, that ICE now cites to justify deporting him.
From Exoneration to Deportation Center
When the conviction was overturned in October 2024, Vedam was released from state custody. Moments later, ICE agents arrived. Within hours, he was on a federal transport van heading south.
Two courts have since urged ICE to pause. An immigration judge issued a temporary stay of removal, and a U.S. District Court in Pennsylvania granted a parallel stay while the Board of Immigration Appeals (BIA) reviews the case—an appeal that could take months.
Vedam’s sister, Saraswathi Vedam, voiced what many feel:
“Deporting him now would be another untenable injustice,” she said. “He endured 43 years in a maximum-security prison for a crime he didn’t commit, and he’s lived here since he was a baby.”
A Vacated Conviction Doesn’t Stop Enforcement
A Department of Homeland Security spokesperson said the murder reversal changes nothing about the separate drug plea.
“Having a single conviction vacated will not stop ICE’s enforcement of federal immigration law,”
explained Tricia McLaughlin, Assistant Secretary for Public Affairs. To ICE, it’s a matter of statutory duty. To much of the public, it feels like bureaucracy eclipsing justice.
When Freedom Collides with Immigration Law
If your conviction is overturned, can the U.S. still deport you?
Subu Vedam’s ordeal exposes a quiet corner of American law that even lifelong residents rarely see. Under U.S. Immigration Law, overturning a conviction does not automatically erase a deportation order.
The controlling statute, Immigration and Nationality Act (INA) § 237(a)(2)(B), 8 U.S.C. § 1227—lists controlled-substance offenses as grounds for removal. ICE argues Vedam’s decades-old LSD plea keeps that order alive.
The Legal Framework
- INA § 237(a)(2)(B): Allows deportation for any drug-related offense (except small personal-use marijuana).
- The Crux: The criminal court may clear your name, but unless the immigration record itself is reopened, the removal order survives.
Washington immigration attorney Ava Benach, founding partner of Benach Collopy LLP, explains it bluntly:
“The 43 years aren’t a blank slate. He lived a remarkable experience in prison, but under the law, that doesn’t automatically protect him from removal.” (Associated Press via San Francisco Chronicle)
What This Means for Green Card Holders
If you’re a green-card holder or long-term resident:
- A plea deal—even decades old—can resurface.
- Having a conviction vacated doesn’t automatically cancel a deportation order.
- You must file a motion to reopen with the BIA or seek cancellation of removal.
- Immediate action and qualified legal help are critical; timing can decide your future.
A Fight for Dignity, Not Just Freedom
For Vedam, deportation would mean exile to a country he hasn’t seen since infancy. For thousands of others, it’s a warning that freedom in one courtroom can still be taken away in another.
Advocacy groups see his story as proof that America’s promise of redemption still falters when paperwork lags behind justice.
For now, he remains in limbo, between freedom and deportation, between two legal systems that rarely speak the same language.
Even if your conviction has been reversed, your immigration record may still hold a decades-old removal order. Don’t assume you’re safe—verify your case, act fast, and get legal help.
Subramanyam Vedam’s battle asks a haunting question of the justice system: When a man has already lost half his life to error, will the law finally give him the chance to live the rest of it free?
Frequently Asked Questions
1. Why is ICE trying to deport Subramanyam “Subu” Vedam after his conviction was overturned?
ICE is seeking to deport Vedam under Immigration and Nationality Act (INA) § 237(a)(2)(B), which allows removal for controlled substance offenses. Although his murder conviction was vacated, a decades-old LSD plea from 1983 still stands in immigration records. ICE argues that plea makes him deportable, even though it was served concurrently with his wrongful life sentence.
2. How can someone be deported after being exonerated or wrongfully convicted?
Under U.S. law, criminal exoneration doesn’t automatically erase immigration consequences. Criminal and immigration systems are separate. Even if a conviction is overturned, the person must also reopen or cancel their deportation order through the Board of Immigration Appeals (BIA). Until that happens, the prior removal order remains legally enforceable.
3. What does “motion to reopen” mean in immigration law?
A motion to reopen is a legal request asking an immigration court to review an old deportation case in light of new evidence or changed circumstances—like a vacated conviction. It’s often the only way for wrongfully convicted individuals like Vedam to stop deportation after being cleared in criminal court. Timing is crucial, as these motions are subject to strict filing deadlines and procedural rules.
4. Can a green-card holder lose permanent residency after a wrongful conviction?
Yes. Even lawful permanent residents can lose status if they’ve ever had a conviction that qualifies under INA § 237, including some minor drug offenses. A later reversal or pardon may not automatically restore their status unless they formally reopen the immigration case. This is why immediate legal representation is essential after a criminal exoneration.
5. What are Vedam’s legal options now?
Vedam’s attorneys are pursuing cancellation of removal and a stay of deportation while his case is reviewed by the Board of Immigration Appeals. They may also argue for relief under INA § 240A or § 241(b)(3), claiming that deportation would cause extraordinary hardship since he’s lived in the U.S. since infancy and has no remaining ties to India.
6. What does this case mean for other immigrants with old convictions?
Vedam’s story highlights a hidden danger: even decades-old convictions can trigger deportation if they remain on record. Thousands of long-term residents could face similar issues if their immigration records aren’t updated after criminal exoneration. Legal experts are urging Congress to reform the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), which expanded deportation powers but never accounted for wrongful convictions.
7. What should green-card holders do if they were wrongly convicted in the past?
If you’ve had a conviction overturned, don’t assume you’re safe from immigration consequences.
- Check whether a deportation order still exists.
- Hire an immigration attorney to file a motion to reopen your case.
- Gather proof of rehabilitation, education, and community support.
- Act quickly—delays can make relief harder to obtain.
8. Will public pressure or media coverage help Vedam’s case?
While courts decide based on law, public attention can influence priorities and pace. Widespread coverage of wrongful deportations often pushes agencies to exercise prosecutorial discretion, especially when moral and humanitarian grounds are strong. In Vedam’s case, national awareness could help highlight how the law fails those it once wronged.
9. Could Vedam still become a U.S. citizen?
If his citizenship application was accepted before his wrongful imprisonment—and if his removal order is vacated—Vedam could potentially reapply for naturalization. However, the outcome depends on the BIA’s decision, any future appeals, and whether ICE withdraws its enforcement action.
10. What’s the broader significance of Subu Vedam’s case?
Vedam’s situation is more than a legal dispute—it’s a test of whether the justice system values humanity as much as process. His case underscores the urgent need for better coordination between state courts and immigration agencies, ensuring that when someone is declared innocent, they’re truly free in every sense.