Melissa Tran is back in Maryland after federal immigration authorities detained her more than five months ago over a non-violent conviction two decades earlier.
The mother of five, and Hagerstown business owner, spoke with WJZ Investigator Mike Hellgren as her future remains uncertain.
Detained in Baltimore
Tran’s ordeal started with her annual check-in with immigration in downtown Baltimore—a routine she has done for more than 20 years.
“Just a normal check-in,” Tran said. “You go and you show them your identification, and then, they give you your next appointment date.”
This time, ICE detained her without explanation. Tran spent five days in Baltimore.
She described being housed with nine women in filthy conditions.
“No shower, nothing. No personal hygiene. No toothbrush to brush your teeth,” Tran said.
The women were kept in one room with an inflatable mattress and no blankets.
“I was in shock,” Tran said.
Tran was then taken to Louisiana, Arizona, and ended up in Tacoma, Washington.
She said she was always shackled on various buses and planes but relied on the many letters of support she received from friends in Maryland to keep her spirits up.
“When you’re sitting there, and you don’t know what’s happening to you, and you think all these negative thoughts, it’s the letters that I received from the people in the community saying you have to stay strong, we are fighting for you, we are praying for you,” Tran said. “It gives me hope.”
Past conviction
Tran, 43, came to America from Vietnam legally as a refugee in the 1990s, her lawyer said.
As a teenager, she admitted to stealing some checks from her employer.
She pleaded guilty, and a judge entered an order of removal in 2003, but because Vietnam would not accept her, she was allowed to stay as long as she checked in regularly with immigration.
“I know what I did was wrong, and I take responsibility for that,” Tran said. “For my kids to have to go through it is horrible for me to comprehend. Why? We always say if you change, you deserve a second chance.”
It is uncertain now if she will get that second chance.
A federal judge found there was no need to continue her detention for now. You can read the order here.
Reunited with family
Tran said she was elated when she received the news that a federal judge ordered her release from detainment at a federal facility in Washington state.
She was overjoyed to finally hold her children again when she returned to Hagerstown, Maryland, on Monday.
“Just a moment to feel them and touch them,” Tran told Hellgren. “I’m finally home.”
She spent more than 150 days in ICE custody, with her four children constantly on her mind.
Melissa Tran’s family 
“I’ve never been away from them this long, so I thought about them every single moment,” Tran said. “I said, ‘What’s going to happen when I’m not home?’ I have an autistic son, so I did a lot with him, but now he’s without me. I just kind of said, ‘How are they going to survive without me?'” Tran said through tears.
Melissa Tran’s family 
What’s next?
A federal judge in Washington state found the government was unnecessarily detaining her, but Tran still faces deportation, possibly to a third country.
“I hope the judge will allow us to reopen my immigration case, and then we have a good outcome, and I can stay,” Tran said.
Tran has to report to immigration again in Baltimore next week.
One of her lawyers, Bernard Semler, is also a family friend.
“It’s unfortunate the immigration system has moved into one-size-fits-all, and it doesn’t take into consideration an individual’s work to get a second chance,” Semler said. “We’re hoping either through the judicial system or even politically, we’re hoping someone in the Trump administration might see this and say, ‘Hey, we need to look at these on a case-by-case basis.'”
Semler noted his client’s past theft conviction has been reclassified and is no longer considered an aggravated felony, and said she has been building a stable life and family for decades without trouble.
“She has been here legally, checking in, doing everything she is supposed to,” Semler said. “She didn’t enter the country illegally. She’s been here the entire time.”
Semler hopes to avoid a deportation at all, but especially one to a third country.
“The government had agreed not to remove Melissa during the pendency of the case, but now the case is wrapping up,” Semler said. “We’re trying to get an agreement that they would not consider third-party removal for her.”
Immigration response
In a published statement, a Department of Homeland Security official referenced Tran’s past conviction and said the government was still pushing to remove her to Vietnam because of it.
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