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.
References in periodicals archive ?
BEIRUT: At least three Syrians have been arrested upon returning to Syria after being deported by Lebanon's General Security, Human Rights Watch announced Monday.
'We are going to deport him for being an illegal entrant as he has no record of arrival, after he was arrested and deported in 2003 for being an undesirable alien,' Morente said in a statement.
Israeli authorities tried early morning to deport the photojournalist from Jerusalem to Jordan via the King Hussein Bridge (the Allenby Crossing).
Immigration Commissioner Jaime Morente reiterated the prohibition after several incidents of foreign nationals being deported or excluded for taking part in mass actions.
ISLAMABAD -- As many as 93 deported Pakistani from the United States (US) were arrested by the Federal Investigation Agency (FIA) soon after they landed at the Islamabad International Airport on Wednesday.
" "Yes, they should be deported. But in the same manner, you should be careful because when you point to the Chinese you also pointhellip at us.
About 104 Kenyans were deported from the United States between October 2016 and December last year.
'As long as he is not creating any problem, we won't deport him because he has PR status,' Dr Mahathir told a news conference after chairing a Pakatan Harapan presidential council here.
"Free movement of people allows unelected judges in the rogue European Court to decide who we can and can't deport. This puts British families at risk.
Garry Mellor I expect that was a drag Darren Vel Satis Woman deported from Sri Lanka Deported for a tattoo...
A CONVICTED airline conman has been deported to Nigeria.
Holding her stay as illegal, additional sessions judge Narinder Kumar directed Nuzhat Jahan to be deported to Pakistan without any delay.