Supporters of Pierce County man deported to Africa by Trump administration call on Ferguson for pardon

A Pierce County man who was ordered to be sent to South Sudan and is now being held in Djibouti as a result of President Donald Trump’s deportation policies is petitioning Washington Gov. Bob Ferguson and the state’s Clemency and Pardons Board for a pardon.

After serving 25 years in a Washington state prison, Tuan Phan’s family says he expected to be deported to Vietnam. Instead, he was ordered to be deported to South Sudan, as part of the Trump administration's policy to deport immigrants to "third countries" — places other than the immigrants' country of origin.

Last week, the U.S. Supreme Court blocked a lower court order requiring advance notice to individuals who are being deported to a third country.

RELATED: A Pierce County man expected to be deported to Vietnam. Instead, ICE routed him to South Sudan

Now, the clock is ticking for Ferguson to issue a pardon and get Phan home before he's moved to South Sudan, his attorney says.

On Friday, Phan's family and supporters gathered outside of Seattle University's Sullivan Hall to call on Ferguson to issue an emergency pardon for Phan.

Phan is currently being held at a U.S. military base in Djibouti. His wife, Ngoc Phan, said her husband is being kept in a shipping container, in shackles.

"Governor Ferguson, you have the power to save my husband's life," Phan said. "You have the power to say this lawlessness that's being carried out by the Trump administration has to stop. You have to come out to condemn this action."

Angélica Cházaro, Tuan Phan's attorney, told KUOW that on Friday morning, the clemency board sent an email denying an expedited review of Phan's petition, citing a policy that narrows pardon applications to individuals who haven't received any infractions in the last three years.

Cházaro said the board referenced a verbal fight Phan had in 2023 in their email.

"But the board's abdication of their responsibility clears the way for what we have always known to be true — that Governor Ferguson has the power to act now, to pardon Tuan, and clear the way for him to come home," Cházaro said.

Under current state law, the Clemency and Pardons Board is able to make recommendations on pardon petitions, but the governor gets to make the final decision.

Cházaro said she is "fairly confident" in their ability to get Tuan Phan back to the United States if a pardon is issued.

"If those convictions no longer exist, there is no reason that he should be held in Dijbouti," Cházaro said. "In fact, he would then become a green card holder who's in the custody of the U.S. government."

If Phan is sent to South Sudan, Cházaro believes Ferguson's pardon would no longer guarantee her client's return.

"If Tuan is moved into a foreign prison under the custody of a foreign government, the possibilities of his return using the pardon become drastically limited," Cházaro said. "The time is now to act."

In an emailed statement to KUOW, a spokesperson in Governor Ferguson's office said they're aware of the Clemency Board's decision, and that Phan's lawyers are asking the board to reconsider.