'Deportation', not to be confused with
extradition, generally means the expulsion of someone from a
country. In general, the term now refers exclusively to the expulsion of foreigners (the expulsion of natives is usually called
banishment,
exile, or
transportation). Historically, it also referred to
penal transportation.
Deportation can also happen within a country, when for example an individual or a group of people is forcibly resettled to a different part of the country. If ethnic groups are affected by this, it is also referred to as
population transfer. The rationale is often that said groups might assist the enemy in war.
During
World War II,
Volga Germans,
Chechens, and others were deported in the
Soviet Union by
Stalin and
Japanese Americans were deported in the
United States of America by
Franklin Roosevelt.
In the 19th century, the
United States of America government, particularly under
Andrew Jackson, deported numerous
Amerindian tribes. The most infamous of these deportations became known as the
Trail of Tears.
Almost all countries reserve the right of deportation of foreigners, even those who are longtime
residents. In general, deportation is reserved for foreigners who commit serious crimes, enter the country illegally, overstay their
visa, or face
trial by another country (see
extradition). It can also be used on non-criminal visitors and foreign residents who are considered to be a threat to the country. Deportation is generally done directly by the
government's
executive apparatus rather than by order or authority of a
court, and as such is often subject to a simpler legal process (or none), with reduced or no right to trial,
legal representation or
appeal.
Deportation often requires a specific process that must be validated by a court or senior Minister. It should therefore not be confused with
Administrative Removal, which is the process of a country refusing to allow an individual to enter that country.
Reasons for Deportation from United States
Any alien that is in the United States may be subject to deportation or removal if he or she:
★ Is an inadmissible alien according to immigration laws in effect at the time of entry to the U.S. or adjustment of nonimmigrant status;
★ Is present in the U.S. in violation of the Immigration and Nationality Act or any other U.S. law;
★ Violated nonimmigrant status or a condition of entry into the U.S.;
★ Terminated a conditional permanent residence;
★ Encouraged or aided any other alien to enter the U.S. illegally;
★ Engaged in marriage fraud to gain admission to the U.S.;
★ Was convicted of certain criminal offenses;
★ Failed to register or falsified documents relating to entry in to the U.S.;
★ Engaged in any activity that endangers public safety or creates a risk of national security; or
★ Engaged in unlawful voting.
Available Sources of Relief from US Deportation Proceedings
There are numerous protections and sources of relief from deportation proceedings in the United States. As such, there are Immigration attorneys that specialize in removals and deportation proceedings. Many times, the immigrant is able to benefit from available sources of relief such as: asylum,
[1] withholding of removal, adjustment of status
[2] if married to a US Citizen spouse, and cancellation of removal
[3]. It is important to note that there are also waivers
[4] available against inadmissibility and removability of an individual during deportation proceedings.
References
1. http://www.immigrationtest.org/asylum.html
2. http://www.immigrationtest.org/getgreencard.html
3. http://www.immigrationtest.org/relieffromdeportation.html
4. http://www.immigrationtest.org/waiversfordeportation.html
See also
★
Trail of tears (historical)
★
Acadian deportation (historical)
★
German Expulsion
★
ethnic cleansing
★
exile
★
illegal immigrant
★
immigration detention centres
★
Maher Arar
★
penal transportation
★
Persona non grata
★
population transfer
★
forced migration