Aliens - Deportation

Deportation is the expulsion of an alien from the United States. In theory, it is a civil proceeding rather than a punishment, though those who are deported may certainly see it as a punishment. It is designed to remove undesirables as defined under the INA. As in most aspects of immigration law, the Supreme Court has left total authority over deportation to Congress. Merely allowing aliens to enter the country "is a matter of permission and tolerance," the Court has said, leaving the government free rein "to terminate hospitality" (Harisiades v. Shaughnessy, 343 U.S. 580, 72 S. Ct. 512, 96 L. Ed. 586[1952]). Deportation provisions apply to all aliens whether they have legally or illegally entered the country, with several specific exceptions ranging from ambassadors to employees of international organizations such as the UNITED NATIONS. Citizens cannot be deported, but denaturalization proceedings can be brought against a naturalized citizen and can then lead to deportation.

Five major broad categories of grounds for deportation cover (1) being excludable at the time of entry or adjustment of status; (2) committing criminal offenses; (3) failing to register and falsifying documents; (4) posing a security risk and related grounds; and (5) becoming a public charge of the state. Many more grounds for deportation follow from these; the first category alone establishes nine classes of aliens excludable at the time of entry. Since the Technical Amendments Act of 1991, these grounds have expanded with the addition of attempting or conspiring to commit a crime. Deportation is far-reaching in additional ways: frequently, the BCIS applies the statutes retroactively, so that aliens may be deported for conduct that was not a ground for deportation at the time they committed the act. Many of the provisions also depend on when the alien entered the United States, and still others make aliens deportable for acts they committed prior to entry.

The mechanism of deportation involves broad official powers. Officers of the Bureau of Border Security Enforcement have considerable power to investigate without search warrants, arrest, and detain suspects within one hundred

Resident aliens become citizens through naturalization. Karwinder Singh (left) and Ranjit Kaur take an oath of citizenship during a naturalization ceremony in Seattle in July 2002.
AP/WIDE WORLD PHOTOS

miles of the U.S. border. Aliens then receive a deportation hearing conducted by an immigration judge. They are entitled to legal counsel—though not at government expense—and the basic rights of due process, as well as the rights to examine evidence, present new evidence, and cross-examine witnesses. If the judge finds an alien deportable, various avenues of relief are available, including administrative and judicial appeals. Furthermore, several forms of discretionary relief may entitle the alien to leave voluntarily, claim suspension of deportation, apply for an adjustment of status, seek asylum as a refugee, or pursue numerous other options.

Deportation often causes the U.S. citizen children of aliens to leave the United States. These children are not technically deported and may ultimately choose to return.