deportation


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Related to deportation: Deportation Order

Deportation

Banishment to a foreign country, attended with confiscation of property and deprivation of Civil Rights.

The transfer of an alien, by exclusion or expulsion, from the United States to a foreign country. The removal or sending back of an alien to the country from which he or she came because his or her presence is deemed inconsistent with the public welfare, and without any punishment being imposed or contemplated. The grounds for deportation are set forth at 8 U.S.C.A. § 1251, and the procedures are provided for in §§ 1252–1254.

To further clarify deportation, the U.S. Supreme Court, in Zadvydas v. Davis, 533 U.S. 678, 121 S.Ct.2491, 150 L.Ed.2d 653 (2001), ruled that Aliens who are under investigation cannot be held indefinitely. This would be in violation of the due process clause of the Fifth Amendment of the federal Constitution. Moreover, the Court established a maximum six-month detention period. At that point the alien must provide information as to why removal to the country of origin is not likely in the foreseeable future. For example, in this case, Kestutis Zadvydas was born to Lithuanian parents who were held in a German displaced persons camp; both Lithuania and Germany refused to accept him into their countries because he was not a citizen. If the government cannot rebut this information, the alien must be released from confinement. Finally, the Court declared that the federal courts are the proper place to review issues of deportation, rejecting the government's claim that immigration is strictly the province of the Executive Branch.

Following the September 11, 2001, terrorist attacks on the United States, Congress created the usa patriot act, Pub.L. No. 107-56, 115 Stat. 272 (2001). The law deals with various means of combating Terrorism and includes provisions that authorize the deportation of individuals who provide lawful assistance to any group that provides assistance to terrorists. Accused persons must convince the government that they did not know their contributions were being used for terrorist activities.

Further readings

Cole, David, Jack X. Dempsey, and Carol E. Goldberg. 2002. Terrorism and the Constitution: Sacrificing Civil Liberties in the Name of National Security. New York: New Press.

Ngai, Mae M. 2003. "The Strange Career of the Illegal Alien: Immigration Restriction and Deportation Policy in the United States. Law and History Review 21 (spring): 69–107.

deportation

n. the act of expelling a foreigner from a country, usually because he/she has a criminal record, committed a crime, lied on his/her entry documents, is in the country illegally, or his/her presence is deemed by Immigration and Naturalization Service, FederaI Bureau of Investigation or State Department officials to be against the best interests of the nation. Deportation is usually to the country of origin.

deportation

noun banishment, casting out, dismissal, displacement, driving out, ejection, elimination, eviction, exclusion, exile, exilement, expulsion, extradition, extrusion, forced departure, forced leave taking, ouster, purge, removal, riddance, senddng away, thrusting out
See also: banishment, exclusion, expulsion, extradition, ostracism, rejection, removal

deportation

the expulsion of a person not having a right of abode in the UK. Deportation from the UK may be ordered in five circumstances, namely:
  1. (1) if the person has overstayed or broken a condition attached to his permission to stay;
  2. (2) if another person to whose family he belongs is deported;
  3. (3) if (the person being 17 or over) a court recommends deportation on his conviction of an offence punishable with imprisonment;
  4. (4) if the Secretary of State thinks his deportation would be for the public good; or
  5. (5) obtaining leave to enter by deception.

A deportation order is an administrative requirement by the Secretary of State (or on the recommendation of a court) that the person to whom the order is addressed leave the UK and not return. It nullifies any leave the person had to enter or remain. The person is notified of the decision, the reasons and the place to which the person is to be deported. A right of appeal exists, and during the time that appeals are pending no deportation order may be executed.

DEPORTATION, civil law. Among the Romans a perpetual banishment, depriving the banished of his rights as a citizen; it differed from relegation (q.v.) and exile. (q.v.). 1 Bro. Civ. Law, 125 note; Inst. 1, 12, 1 and 2; Dig. 48, 22, 14, 1.

References in periodicals archive ?
Obama must prioritize deportations because he does not have a blank check.
He has successfully defended foreign nationals facing deportation, and has given lectures educating others on how criminal activity can affect the immigration process.
It also issued a deportation order, however the defendant challenged the verdict and the appeal court cut his sentence to a Dhs1,000 fine, throwing out both the jail term and the deportation order.
The asylum seekers were released from the Boossa detention camp in the southern province yesterday and sent to temporary accommodation where they will now face deportation.
Expats who fail to report delays in the departure of overstaying employees will be fined SR15,000 and face deportation (if expat) the first time, a SR25,000-fine, jail for three months and deportation the second time, and a SR50,000-fine, a six-month jail term and deportation the third time, the Interior Ministry said.
Dr Al Sumaiti said judges were obligated to issue deportation orders [as a court order] against expatriate convicts even though cases were dropped and/or complainants had waived their rights.
com/jeb-bush-republicans-stop-acting-stupid-immigration-or-lose-latinos-759789) has warned about the party's rightward tilt and saying that "we've got public opinion on our side" regarding the order shielding young immigrants from deportation.
NNA - 3/8/2012 - AN-NAHAR: Syrian deportation freezes kidnapped negotiations Tripartite agreement ends today EDL's part time workers protest ASSAFIR: Teachers resume correction of exams.
They are trying to establish if they have been caught up in the Home Office deportation bungle.
Long-lost sister offers help following deportation order
It quoted one Egyptian-born Christian who said he knows of one man who "just disappeared" after arriving in Egypt following deportation from Canada.
Sources said the man was not among the group of 1,023 foreign prisoners who were released without deportation moves being taken.