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Deportation

alien country court united

Banishment to a foreign country, attended with confiscation of property and deprivation of CIVIL RIGHTS.

The transfer of an alien, by exclusion or expulsion, from the United States to a foreign country. The removal or sending back of an alien to the country from which he or she came because his or her presence is deemed inconsistent with the public welfare, and without any punishment being imposed or contemplated. The grounds for deportation are set forth at 8 U.S.C.A. § 1251, and the procedures are provided for in §§ 1252–1254.

To further clarify deportation, the U.S. Supreme Court, in Zadvydas v. Davis, 533 U.S. 678, 121 S.Ct.2491, 150 L.Ed.2d 653 (2001), ruled that ALIENS who are under investigation cannot be held indefinitely. This would be in violation of the DUE PROCESS CLAUSE of the FIFTH AMENDMENT of the federal Constitution. Moreover, the Court established a maximum six-month detention period. At that point the alien must provide information as to why removal to the country of origin is not likely in the foreseeable future. For example, in this case, Kestutis Zadvydas was born to Lithuanian parents who were held in a German displaced persons camp; both Lithuania and Germany refused to accept him into their countries because he was not a citizen. If the government cannot rebut this information, the alien must be released from confinement. Finally, the Court declared that the federal courts are the proper place to review issues of deportation, rejecting the government's claim that immigration is strictly the province of the EXECUTIVE BRANCH.

Following the September 11, 2001, terrorist attacks on the United States, Congress created the USA PATRIOT ACT, Pub.L. No. 107-56, 115 Stat. 272 (2001). The law deals with various means of combating TERRORISM and includes provisions that authorize the deportation of individuals who provide lawful assistance to any group that provides assistance to terrorists. Accused persons must convince the government that they did not know their contributions were being used for terrorist activities.

FURTHER READINGS

Cole, David, Jack X. Dempsey, and Carol E. Goldberg. 2002. Terrorism and the Constitution: Sacrificing Civil Liberties in the Name of National Security. New York: New Press.

Ngai, Mae M. 2003. "The Strange Career of the Illegal Alien: Immigration Restriction and Deportation Policy in the United States. Law and History Review 21 (spring): 69–107.

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