Subramanyam Vedam, 64, remains in immigration detention after a judge refused to grant him bail this week. His murder conviction from 1980 was overturned last year, but instead of returning home, he was transferred directly into federal immigration custody.
Vedam was born in India and arrived in the United States at just nine months old when his parents moved back to Pennsylvania. He grew up in State College, where his late father became a respected professor at Penn State University.
In August, a Pennsylvania court vacated his conviction after finding that prosecutors had failed to disclose key ballistics evidence during his trials. The ruling cleared the way for his release from state prison in October. However, immigration authorities immediately detained him based on a long-standing deportation order linked to a decades-old drug conviction.
Earlier this month, the Board of Immigration Appeals agreed to review his case, describing it as involving exceptional circumstances. Still, an immigration judge ruled that he must remain in custody while the appeal moves forward.
His lawyer, Ava Benach, argued that without the murder case, Vedam likely would have become a U.S. citizen years ago. She noted that his drug conviction dated back more than 40 years and involved a small-scale offense.
“It was delivery of LSD on a very small scale. This is not importing tons of cocaine,” Benach said Tuesday. “He is not a danger to the community. We are talking about offenses that occurred over 40 years ago.”
Immigration Judge Tamar Wilson ruled that detention is mandatory because of the felony drug conviction and agreed with government lawyers who argued that he could pose a safety risk.
“The fact he’s been a ‘model prisoner’ does not suggest that out in the general public he’s going to be safe,” Wilson said.
Vedam is currently being held at a large U.S. Immigration and Customs Enforcement facility in Pennsylvania. His case highlights the complex link between criminal justice and immigration enforcement in the United States particularly for long-term residents who never formalized citizenship.
His sister, Saraswathi Vedam, had planned to welcome him home upon his release from prison.
“Subu is nothing if not resilient, and we’re resolved to emulate the example he sets for us by focusing on the next step in his fight for freedom. We continue to believe his immigration case is strong and look forward to the day we can be together again,” she said.
Last year, a spokesperson for the Department of Homeland Security said: “Criminal illegal aliens are not welcome in the U.S.”