Deportation Totally Explained

Everything about Deportation totally explained

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.

Internal deportation

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's 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.
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 wasn't uncommon during strikes or labor disputes. For an example, see the Bisbee Deportation.

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.

Deportation from the United States

Any alien that's 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 to national security;
Engaged in unlawful voting; or
Failed to resubmit address info to immigration officals every three months, whether or not they've actually moved.

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

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