Legal Dictionary

external deportation

Legal Definition of external deportation

See also

Definition of external deportation

Further reading

All countries reserve the right of deportation of foreigners, even those who are longtime residents. In general, however, only foreigners who have committed serious crimes, entered the country illegally, overstayed their leave to remain, or been extradited to another country to stand trial, or been considered a threat to the country are deportable. In some countries, deportation can be meted out by the judicial system as part of the penalty for crimes.

In many cases, deportation is generally done either by the government's executive apparatus, and as such is often subject to a simpler legal process (or none), with reduced or no right to trial, legal representation or appeal due to the subject's lack of citizenship. For example, in the 1930s, more stringent enforcement of immigration laws were ordered by the executive branch of the U.S. government which led to the removal of up to 2 million Mexican nationals from the United States. In 1954, the executive branch of the U.S. government implemented Operation Wetback, a program created in response to public hysteria about immigration and immigrants. Operation Wetback led to the deportation of nearly 1.3 million illegal immigrants from Mexico.

Article 18 of the United Nations' Draft Code of Crimes Against the Peace and Security of Mankind declares "large scale" arbitrary or forcible deportation to be a crime against humanity.

Deportation often requires a specific process that must be validated by a court or senior government official. It should therefore not be confused with administrative removal, which is the process of a country refusing to allow an individual to enter that country.


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