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deportation laws





#Deportation Definition

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.

In Fong Yue Ting. the United States Supreme Court used these words:

"Strictly speaking, transportation, extradition. and deportation. although each has the effect of removing a person from the country, are different things, and have different purposes.

"Transportation is by way of punishment of one convicted of an offence against the laws of the country.

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