Deportation

Deportation refers to the process of removing a foreign national from the United States. Most often, the individual is sent back to his or her country of origin. Individuals that have committed criminal offences, including violations of immigration law, may qualify for deportation. Once the individual in question receives a deportation summons, he or she must appear in court. A judge hears the case and determines whether or not the individual must leave the country.

Legal Background

In 1952, The Immigration and Nationality Act (INA),a lso known as the McCarran-Walter Act, came into effect. The INA was essentially a re-structured collection of pre-existing statutes and provisions. Prior to this law, various immigration statutes existed but were not grouped under one law. Although it has since been amended several times, it still forms the basic foundation for immigration law in the country. The INA eliminated all racial restrictions on immigration and maintained a quota system for regions of the world and nationalities. A preference system later determined which ethnic groups were desirable as immigrants. Capacity for labor was an important factor in consideration. The INA also established three different categories of immigrant: those with special skills or relatives of United States citizens who were not subject to quotas, average immigrants who were subject to quotas, and refugees. Through this act, the government also had the right to deport both immigrants and foreign-born U.S. citizens that broke the law or participated in activities deemed subversive.

Affected Groups

Thousands of people have been deported from the United States in recent years. In 2013, 368,644 people were removed, of which 59% had previously been convicted of a crime. Of those persons 133,551 were living in the United States, known as “interior removals.” Eighty-two percent of all interior removals had previously committed criminal offenses. The rest of those removed from the country were apprehended while trying to cross the border. Mexicans residing illegally in the United States accounted for 72% of those removed from the country in 2013. Others were from Honduras, El Salvador, and Guatemala. However, many argue that the country should be more focused on immigration reform than deportations of undocumented migrant workers. Many Hispanic families remain separated because of these deportations. In one of the most famous deportation cases in United States history, the silent film actor Charlie Chaplin was deported, supposedly because of his political inclinations.

Challenges

Increases in removals and deportations in recent years are part of an effort by the Obama administration to crack down on border and homeland security. Since Obama was elected in 2008, nearly two million illegal immigrants have been removed from the country. In recent years the government has relied more on a detainment and deportation system that does not necessarily rely on a trial with a judge, as deportations traditionally have. A high percentage of persons who are deported have deep ties with the United States, for instance they may have children born in the country who are U.S. citizens. The Department of Homeland Security (DHS) estimates that 60% of illegal immigrants have lived in the United States for over ten years.