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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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.

Collins Dictionary of Law © W.J. Stewart, 2006

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
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In all likelihood, Italian anti-immigration voters looking to see mass deportations will be disappointed.
The federal government has three basic choices when it comes to immigration reform: comprehensive reform, use of temporary workers, and mass deportation. The economic impact of each of these three scenarios is analyzed over the course of 10 years by taking the historical experience of legalization under IRCA as a starting point and using a computable general equilibrium model (see Appendix).
As long as it heralds a mass deportation of ALL foreign inmates.
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These two days and the week after mark the first official Soviet Mass Deportation of Latvian from their homeland, taking them to either their execution or the Siberian hard labor camps ...
Up to 180, 000 Kurds ``disappeared'' in the north of the country while Shia Muslims -- a different sect from the Sunnis which traditionally make up Iraq's ruling class -- and Marsh Arabs in the south also faced mass deportation and execution.
Up to 180,000 Kurds "disappeared" in the north of the country while Shia Muslims - a different sect from the Sunnis which traditionally make up Iraq's ruling class - and Marsh Arabs in the south also faced mass deportation and execution.
In this book, Uri Davis provides a critical insight into how it was possible for Jewish people, the victims of Nazi genocide in the Second World War, to subject the Palestinian people, beginning with the 1948-49 war, to such criminal policies as mass deportation, population transfers and ethnic cleansing, prolonged military government (with curfews, roadblocks and the like), and economic, social, cultural, civil and political strangulation, punctuated by Apache helicopters strafing civilians and their homes.
He was respected for his decisions in immigration cases, such as halting the mass deportation of Haitian refugees seeking asylum hearings in 1980.
Ethnic cleansing through mass deportation represents, at the least, an intent to commit genocide.
Cook said: "What we are witnessing is mass deportation on a scale Europe has not seen since the days of Stalin and Hitler."