Aside from the Alien and Sedition Acts of 1798 there was no applicable deportation law in the United States until an 1882 statute specifically geared towards Chinese immigrants. The Alien and Sedition Acts gave the President of the United States the power to arrest and subsequently deport any alien that he deemed as dangerous. The 1882 Chinese Exclusion Act was designed to suspend Chinese immigration to the United States, and deport Chinese residents that were termed as illegally residing in the country. The types of individuals that could be deported from the United States was later reclassified to include those who were insane or carrying a disease, convicts, prostitutes, those entering the United States over the immigration quotas, anarchists, and those that belonged to organizations which supported the overthrow of the United States government by use of violence.
Legislation enacted by the United States Congress in 1891 gave a time limit of one year after an alien entered the country for the individual to be deported and decreased judicial review of deportation proceedings. The office of superintendent of immigration in the Department of the Treasury was also created with the 1891 enactment, and this responsibility later passed to the Immigration and Naturalization Service in the United States Department of Justice. During the Red Scare in 1919, a number of persons were deported under suspicion of illegal activity. The statute of limitations on deportation from the United States was removed under the Immigration and Nationality Act of 1952. Deportation laws were cited during the 1950s in order to remove union leaders and alleged members of the Communist party said to be illegal immigrants to the country. According to Funk & Wagnalls New World Encyclopedia, about 23,000 aliens were deported annually from the country during the latter period of the 1980s.
Subsequent to the establishment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), deportation and exclusion began to be referred to as "removal" proceedings. Any individual who is not a United States citizen or national is deportable or removable. If an individual is deemed by the government to be removable, he or she will receive an order of removal, called a "Notice To Appear" (NTA) before an immigration judge, who will rule. Either party (the alien or the government prosecutor) may appeal (by legal brief, not in person) an immigration judge's decision to the Board of Immigration Appeals (BIA), based in Falls Church, Virginia, which operates under the aegis of the United States Department of Justice. If an alien fails to appear for any immigration hearing, he or she is usually ordered deported or removed in absentia. Those individuals who illegally immigrated to the United States constitute the single largest portion of people deported from the country. Once deported or removed, an alien is not allowed to reenter the country unless given special permission to do so by the United States Attorney General. The U.S. Immigration and Customs Enforcement agency placed 164,000 criminals into deportation proceedings in 2007, and estimated that figure would be 200,000 for 2008.
In 2001 approximately 73,000 illegal immigrants with criminal convictions were deported from the United States, and in 2007 this figure was 91,000. In 2011, the United States deported 396,906 people. Of those deported 54.6% were criminal offenders.
Accused of being part of PIJ (Palestinian Islamic Jihad) leadership, he was also the editor of WISE (World and Islam Enterprise)'s journal, Qira'aat Siyasiyyah (Political Readings). He attended numerous conferences where terror fundraising was discussed. He also committed a series of immigration violations, from a simple overstay of his student's visa to his fraudulent marriage to a U.S. citizen for the purpose of obtaining permanent resident status. Prior to his deportation, Al Najjar was detained as a threat to national security after eight years of litigation (1994–2002) and nearly four years in detention in Florida. Deportation ordered on 13 May 1997 but not carried out until 2002.
Mexico-born U.S. Army's 82nd Airborne Specialist, deported for shooting a firearm. Barajas claims no one was hurt by his actions, but he has refused to give the government permission to discuss his case. Barajas was originally deported in 2004 and again in 2009 (after re-entering the country). He now resides in Rosarito, Baja California and leads "Banished Veterans", a group of deported veterans who believe their military service should have prevented them from being deported. Like Barajas, all of these men were legal residents who came to the United States from Mexico as children. In a statement by the Immigration and Customs Enforcement, they have said that veteran deportations must go through several steps: "U.S. Immigration and Customs Enforcement (ICE) is very deliberate in its review of cases involving veterans. Any action taken by ICE that may result in the removal of an alien with prior military service must be authorized by the senior leadership in an ICE field office, to include an evaluation by local counsel."
Jamaicanheavyweightboxer, fought as a professional from 1976 until 2000. Arrested and served jail time for sexually assaulting the family baby sitter in 1992, deported from the United States in 1997 after violating his parole.
Canada-born British publisher and businessman. After being convicted of one count of mail fraud and one count of obstruction of justice, he served 37 months imprisonment. After serving his sentence, he was picked up by U.S. immigration officials and escorted to Miami International Airport for deportation. He arrived at Toronto on the same afternoon and returned to his home for the first time in nearly five years. He has been barred from entering the United States for 30 years.
Jamaicanauthor, computer engineer, and U.S. Army veteran, who was deported to Jamaica on 24 January 2004 after he was convicted in Florida on 5 January 2001, for resisting arrest, which violated his probation. Despite his military service he never applied for naturalization. He was sentenced to a term of imprisonment exceeding one year, making him eligible for deportation as a non US-citizen. He authored The Jamaican Deportees (We are displaced, desperate, damaged, rich, resourceful or dangerous). Who am I?
British actor and director; de facto deportation from the United States when he was denied a re-entry permit to the U.S. after a trip abroad, exiling Chaplin so he could not return. This was reportedly instigated by J. Edgar Hoover allegedly due to Chaplin's political leanings. Chaplin decided not to re-enter the United States. He did not return to the U.S. until 1972, when he made a brief visit, making an appearance at the Academy Awards telecast to thunderous applause and ovations.
Soviet-born Russian national, who was arrested along with nine others (including Vicky Peláez, whose U.S. citizenship was "revoked" according to one of her lawyers), and all were deported on 9 July 2010, on suspicion of working for the Illegals Program spy ring under the Russian Federation's external intelligence agency, the SVR. Chapman was later stripped of her naturalized British citizenship.
Alleged Naziwar criminal from Ukraine, naturalized as a US citizen in 1958. After trial and acquittal in Israel, denaturalized in 2002, and finally deported in 2009 to Germany, which had filed war crimes charges.
German composer and his wife, Lou, were deported during the Second Red Scare on 26 March 1948 for alleged communist ties and activity. They departed from LaGuardia Airport flying to Prague. They were forced to sign a declaration promising never to return to the U.S., Cuba or Mexico. Before Eisler left he read a statement: "I leave this country not without bitterness and infuriation. I could well understand it when in 1933 the Hitler bandits put a price on my head and drove me out. They were the evil of the period; I was proud at being driven out. But I feel heart-broken over being driven out of this beautiful country in this ridiculous way."
Italian national and socialite who pleaded guilty in New York City to charges related to the "Vati-Con scandal" and was sentenced to 54 months in prison. He was released on 25 May 2012 from a federal prison in Pennsylvania and immediately deported to his native Italy.
Irish chef and restaurateur. Deported from New York in late 2002 or early 2003 to Ireland due to pending charges in Dublin of financial misdeeds. Under financial pressure, he fled Ireland for New York, where he married an American citizen. He did not appear at his trial in Dublin in October 2002, claiming he could not leave the United States while his citizenship application was pending. He was acquitted at another trial in Dublin, and presumably free to return to the U.S.
South African scholar who had studied in New York while in graduate school. In October 2006, Habib was apprehended and deported over allegations of: "...engaging in terrorist activities." On 20 January 2010, after more than three years of waiting, the American State Department lifted the ban that prohibited Professor Habib (as well as Professor Tariq Ramadan from Switzerland) from entering the United States.
Latvian soldier and alleged Nazicollaborator and war criminal during World War II. Deported from the United States to Australia in 1994, then moved to Canada but was deported from Canada back to Australia in 1997.
Belonged to the SS Death's Head battalion, a group of concentration camp guards. He moved to the U.S. after the war, settling in the Chicago area. Following an investigation by the Department of Justice's OSI, he was deported to West Germany in 1987. The West German government considered trying him but eventually opted against it.
German Nazi spy convicted on espionage-related counts. He received a sentence of 18 years in prison on espionage charges and a two-year concurrent sentence under the Registration Act. Lang was deported to Germany in September 1950.
Denmark-born man convicted of four counts of murder, in both the United States and Denmark; the first victim was his mother. In April 1991, Lundin strangled his mother to death in North Carolina and, with the help of his father, he buried her body on a beach at Cape Hatteras, where it was found eight months later. The following year he was sentenced to 15 years imprisonment for the murder: his father, Ole Lundin, was sentenced to two years as an accomplice. Peter Lundin, who later changed his name to Bjarne Skounborg, was convicted of killing three more people in Denmark.
Also known as Abu Ratib – a Syrian singer and former U.S. lawful permanent resident sentenced in December 2010 in federal court in Detroit to one year and one day in prison, with credit for time behind bars. The United States government claimed the Syrian national was a Michigan operative of the Holy Land Foundation (an entity declared a pro-Hamas terrorist organization in the United States) from 1997–98, but did not include those facts in his application for naturalization.
Rwandan national, convicted by Rwanda's Gacaca Courts of human rights violations in absentia, was removed to Rwanda, and arrived in Kigali on 21 December 2011, after her appeal of her removal proceedings to the Board of Immigration Appeals (BIA) was denied on 15 November 2011.
Nash was a County Wexford, Ireland-born seaman and a ringleader of the HMS Hermione mutiny. On 21 September 1797 the mutiny, largely caused by severe maltreatment by Royal Navy Capt. Hugh Pigot and other ship officers, was underway. The entire ship's crew, except for six men who were ultimately spared, were killed; many tossed overboard to drown. Nash made his way to the United States, where he adopted the alias Jonathan Robbins and carried false naturalization papers claiming to be a United States citizen. In 1799, the federalist administration of John Adams, vehemently opposed by the Jeffersonians, approved Nash's rendition to the British. On 19 August 1799, Nash was hanged at Jamaica. Of the 58 or so mutineers, almost 40, including Nash, were ultimately captured over the years and executed. The ship was known as the Santa Cecilia by the Spanish, who took control of the ship when the mutineers sought refuge in the Spanish Caribbean, and after its recapture by the British, was later known as The Retaliation and The Retribution before it was decommissioned and broken up in 1805.
Peláez pleaded guilty to working in the United States as an unregistered foreign agent for Russia, and agreed to deportation on July 9, 2010 and to never return, in exchange for the U.S. dropping the more serious charge of money laundering and waiving any jail time. Left with husband (Mikhail Vasenkov; aka Juan Lazaro, who had long passed himself off as a native of Uruguay and denied being Russian) for Moscow but indicated she would return to her native Perú. Her two United States-born children elected to remain in the U.S. According to one of her lawyers, Peláez's United States citizenship was "revoked", but did not specify that she had been denaturalized. Aside from Peláez, her husband and eight others (all Russian nationals, including Anna Chapman) were deported to Russia on 9 July 2010 in a "spy swap".
New York gang member who became a hitman for the Neapolitan Camorra gang. Implicated in numerous murders, including those of Nicholas Morello and Charles Ubriaco, he was ordered deported to Italy after testifying against other New York gang members and receiving a shorter prison term. Date of deportation unknown. Died in Italy of natural causes in 1940.
Mexican nationalUnited States Marine and former legal permanent resident who served in Kuwaiti in a recon battalion. He was convicted[when?] of felony "possession of marijuana for sale" and sentenced to four years in an Arizona prison. When he completed his time, he was deported. Under U.S. law, Tepeyac had been entitled to apply for citizenship when he was 18; he had received his green card five years earlier. Also, once he joined the military the next year he could have applied for citizenship immediately, under a policy Bush enacted in 2002.
Canadian Amish man who sought an exception to a law which requires that a photo be taken for one to receive legal residence in the United States. The lawsuit relates to a first amendment argument centered on freedom of religion. Zehr is a member of an Old Order Amish sect that takes literally the Bible's prohibition of graven images, which is why he has refused to consent to an immigration photo. In June 2001, Zehr entered the United States, married, and settled in Clarion County, Pennsylvania. In December 2003, he traveled back to Canada to visit his father, who had suffered a heart attack. On his return to the U.S. one month later he was stopped at the border and informed that he had "self-deported" and could not return to the United States as he had no photo ID. As his religious beliefs prohibit photo images being taken, he was willing to be fingerprinted and his lawyers argued that fingerprints are a better way to confirm a person's identity. But federal prosecutors refused and released a statement that a photo is crucial to Department of Homeland Security officials who do background checks of anyone seeking alien status or citizenship. In response, Zehr filed a lawsuit which argues the photo requirement violates their religious freedom. The status of the suit is unclear.
^Sheehan, Sean; Angela Black (2004). Jamaica. Marshall Cavendish. p. 61. ISBN0-7614-1785-0.
^Hill, Robert A.; Garvey, Marcus; Bair, Barbara (1988). Marcus Garvey Life and Lessons: A Centennial Companion to the Marcus Garvey and Universal Negro Improvement Association Papers. University of California Press. p. 435. ISBN0-520-06265-5.