What Is Deportation?
General Reference (not clearly pro or con)
FindLaw, in an entry titled “Deportation” accessed on Mar. 10, 2017, available at findlaw.com, stated:
“Deportation (also called ‘removal’) occurs when the federal government formally removes an alien from the United States for violations of a number of immigration or criminal laws… Once deported, an alien may lose the right to ever return to the United States, even as a visitor.
Removal is a legal proceeding, and an alien who is subject to this procedure has legal rights prior to being removed from the country, including the right to challenge the removal itself on procedural or constitutional grounds…
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.”Mar. 10, 2017 - FindLaw
Lloyd Duhaime, LLB, Canadian lawyer and minister, in a Duhaime Dictionary entry titled “Deportation Dictionary,” accessed on Mar. 10, 2017, available at duhaime.org, stated:
“The removal of a foreign national under immigration laws for reasons such as illegal entry or conduct dangerous to the public welfare.
Deportation is the unilateral measure by a government to expel an undesirable foreign national (alien) usually for one of two reasons:
He or she has since been discovered to have entered the host or deporting state illegally; or
He or she, since their admission into the deporting or host state, has done something to disqualify him or her from staying.
Deportation differs from extradition and that it is a civil procedure and not a criminal procedure. In an extradition hearing, the ultimate destination of the individual is essential to the process. In the deportation hearing, the destination is not the focus of the hearing.”Mar. 10, 2017 - Lloyd Duhaime, LLB
Encyclopaedia Britannica, in a July 20, 1998 article “Deportation,” available at britannica.com, stated:
“In Anglo-American law today, deportation is a civil enactment imposed on persons who are neither native-born nor naturalized citizens. The alien is ordinarily, but not necessarily, returned to the country from which he came, usually because he has entered the deporting country illegally or without proper passport or visa. Aliens who become public charges, commit crimes involving moral turpitude, or engage in subversive activities can also be subjected to deportation proceedings. U.S. courts have shown leniency in circumstances in which families are split apart unjustifiably and left with no means of support.
Deportation differs from exclusion, extradition, and exile. Exclusion is the refusal by a governing authority to admit an alien. Extradition is the removal of a criminal to the country from which he has fled to avoid criminal prosecution or prison. Exile is a prolonged absence from one’s country, either voluntary or by direction of the sovereign.”July 20, 1998 - Encyclopaedia Britannica