Deportation

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Deportation, not to be confused with extradition, generally means the expulsion of someone from a place or 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.

1 Internal deportation
2 External deportation
- 2.1 Deportation from the United States
3 Notes
4 References
5 See also

[edit] Internal deportation

Germans being deported from the Sudetenland in the aftermath of World War II

Deportation can also happen within a state, 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 these groups might assist the enemy in war or insurrection. For example, the American state of Georgia deported 400 female mill workers during the Civil War on the suspicion they were Northern sympathizers.^[1]

During World War II, Volga Germans, Chechens, and others in the Soviet Union were deported by Joseph Stalin (see Population transfer in the Soviet Union) and Japanese and Japanese Americans were deported in the United States of America by President Franklin Roosevelt (see Japanese American internment).

In the 19th century, the federal government of the United States (particularly during the administration of President Andrew Jackson) deported numerous Native American tribes. The most infamous of these deportations became known as the Trail of Tears. American state and local authorities also practiced deportation of undesirables, criminals, union organizers, and others. In the late 19th and early 20th century, deportation of union members and labor leaders was not uncommon during strikes or labor disputes.^[2] For an example, see the Bisbee Deportation.

[edit] External deportation

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.

[edit] Deportation from the 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;^{[citation needed]}
Is present in the U.S. in violation of the Immigration and Nationality Act or any other U.S. law;^{[citation needed]}
Violated nonimmigrant status or a condition of entry into the U.S.;^{[citation needed]}
Terminated a conditional permanent residence;^{[citation needed]}
Encouraged or aided any other alien to enter the U.S. illegally;^{[citation needed]}
Engaged in marriage fraud to gain admission to the U.S.;^{[citation needed]}
Was convicted of certain criminal offenses;^{[citation needed]}
Failed to register or falsified documents relating to entry in to the U.S.;^{[citation needed]}
Engaged in any activity that endangers public safety or creates a risk to national security;^{[citation needed]}
Engaged in unlawful voting; or^{[citation needed]}
Failed to resubmit address info to immigration officals every three months, whether or not they have actually moved.^{[citation needed]}

The last item in the above list is seldomly enforced unless the state sees fit. For instance, in the aftermath of the September 11 attacks, this policy allowed for roughly 2,000 Pakistanis to be deported.^{[neutrality disputed]}^{[citation needed]}

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,^[3] withholding of removal, adjustment of status^[4] if married to a US Citizen spouse, and cancellation of removal^[5]. It is important to note that there are also waivers^[6] available against inadmissibility and removability of an individual during deportation proceedings.

[edit] Notes

^ Dillman, The Roswell Mills and A Civil War Tragedy: Excerpts from Days Gone by in Alpharetta and Roswell, Georgia, 1996; Hitt, Charged with Treason: The Ordeal of 400 Mill Workers During Military Operations in Roswell, Georgia, 1864-1865, 1992.
^ Deportation is the term commonly used to depict ejecting an individual from a political or legal jurisdiction. It has been used by the press, legal community, historians and sociologists. See, variously, "Lewis Attacks Deportation of Leaders by West Virginia Authorities," New York Times, July 17, 1921; "The Law of Necessity As Applied in the Bisbee Deportation Case," Arizona Law Review, 1961; Martin, The Corpse On Boomerang Road: Telluride's War on Labor, 1899-1908, 2004; Silverberg, "Citizens' Committees: Their Role in Industrial Conflict," Public Opinion Quarterly, March 1941; Suggs, Colorado's War on Militant Unionism: James H. Peabody and the Western Federation of Miners, 1991; Lindquist and Fraser, "A Sociological Interpretation of the Bisbee Deportation," Pacific Historical Review, November 1968. Deportation has been used to describe these events by Presidential commissions; see President's Mediation Commission, Report on the Bisbee Deportations, 1918. Even the U.S. Supreme Court has referred to forced internal removal as deportation; see United States v. Guest, 383 U.S. 745, (1966), Harlan, concurring in part and dissenting in part, at 766.
^ http://www.immigrationtest.org/asylum.html
^ http://www.immigrationtest.org/getgreencard.html
^ http://www.immigrationtest.org/relieffromdeportation.html
^ http://www.immigrationtest.org/waiversfordeportation.html

[edit] References

Dillman, Caroline Matheny. The Roswell Mills and A Civil War Tragedy: Excerpts From Days Gone by in Alpharetta and Roswell, Georgia. Vol. 1. Roswell, Ga.: Chattahoochee Press, 1996. ISBN 0963425307
Hitt, Michael D. Charged with Treason: The Ordeal of 400 Mill Workers During Military Operations in Roswell, Georgia, 1864-1865. Monroe, N.Y.: Library Research Associates, 1992. ISBN 0912526556
"The Law of Necessity As Applied in the Bisbee Deportation Case." Arizona Law Review. 3:2 (1961).
"Lewis Attacks Deportation of Leaders by West Virginia Authorities." New York Times. July 17, 1921.
Lindquist, John H. and Fraser, James. "A Sociological Interpretation of the Bisbee Deportation." Pacific Historical Review. 37:4 (November 1968).
Martin, MaryJoy. The Corpse On Boomerang Road: Telluride's War on Labor, 1899-1908. Lake City, Colo.: Western Reflections Publishing Co., 2004. ISBN 1932738029
Silverberg, Louis G. "Citizens' Committees: Their Role in Industrial Conflict." Public Opinion Quarterly. 5:1 (March 1941).
Suggs, Jr., George G. Colorado's War on Militant Unionism: James H. Peabody and the Western Federation of Miners. 2nd ed. Norman, Okla.: University of Oklahoma Press, 1991. ISBN 0806123966
President's Mediation Commission. Report on the Bisbee Deportations Made by the President's Mediation Commission to the President of the United States. Washington, D.C.: President's Mediation Commission, November 6, 1917.
Matthew J. Gibney and Randall Hansen, "Deportation and the liberal state: the involuntary return of asylum seekers and unlawful migrants in Canada, the UK, and Germany", New Issues in Refugee Research: Working Paper Series, No. 77, Geneva: United Nations High Commissioner for Refugees, 2003