deportation

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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

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 ?
Mexicans, whom the Census Bureau now identified as a racial (not national) category, faced no quotas, but they were subject to interrogation, head taxes, weekly baths, and arbitrary arrest and deportation by the newly created Border Patrol.
The Irish Refugee Council has already demanded deportations should be independently monitored to ensure no "unreasonable practices" are used.
On January 21, 1940, the Vatican Radio described conditions in Nazi-occupied Poland: "A system of interior deportation and zoning is being organized, in the depth of one of Europe's severest winters, on principles and by methods that can be described only as brutal; and stark hunger stares 70 percent of Poland's population in the face, as its reserves of foodstuffs and tools are shipped to Germany to replenish the granaries of the metropole [sic].
Foreign policy has played a large role in reinforcing discriminatory legislation and policies against Arabs and Muslims in the cases involving attempted deportation of individual U.S.
But over 41 per cent have either evaded deportation or have vanished from their last known address.
The INS has granted Salvadorans a limited reprieve, extending their work permits for nine months and promising there will not be immediate deportations.
At first, we asked them to put those people aside but they refused and they continued to work using the virtual space," a security source said in response to queries over the latest deportation. They (MTN) were aware this matter was under investigation, yet they continued to give access to the people we deported, just because there is a virtual space and they can work from anywhere.
The warning comes on the heels of thousands of illegal immigrant Ghanaians in America, who are due for deportation, but the Ghanaian government is reportedly dragging her feet to sign/sanction for the deportation of these Ghanaians.
So said Friday's restraining order means that roughly 200 Cambodians who were detained in recent US immigration raids can stay to fight their deportations.
The memos intended to ease the process of (http://www.ibtimes.com/will-trump-remove-children-criminals-first-go-daca-dreamers-subject-deportation-sean-2495597) increasing deportations across the country by expanding qualifications for detainment and sending all undocumented immigrants who cross the southern border back into Mexico, (http://www.ibtimes.com/where-will-immigrants-go-trump-deportations-will-send-all-border-crossers-mexico-2495324) regardless of their native-nation.
Taiwan's Premier Wu Den-yih has demanded an apology from the Philippine government over the deportations.
The detentions and deportations have taken their roll on the movement by forcing activists to shift their energy away from organizing to free their comrades from jail.