Criminal Deportation
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At law, criminal deportation is where a person is ordered
deported Deportation is the expulsion of a person or group of people by a state from its Sovereignty, sovereign territory. The actual definition changes depending on the place and context, and it also changes over time. A person who has been deported or ...
or physically removed from a country by reason of such alien's
criminal In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definiti ...
conduct.


In United States

Following the
1993 World Trade Center bombing The 1993 World Trade Center bombing was a terrorist attack carried out by Ramzi Yousef and associates against the United States on February 26, 1993, when a van bomb detonated below the North Tower of the World Trade Center complex in Manhat ...
and the
Oklahoma City bombing The Oklahoma City bombing was a domestic terrorist truck bombing of the Alfred P. Murrah Federal Building in Oklahoma City, United States, on April 19, 1995. The bombing remains the deadliest act of domestic terrorism in U.S. history. Perpetr ...
in 1995, U.S. President
Bill Clinton William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician and lawyer who was the 42nd president of the United States from 1993 to 2001. A member of the Democratic Party (United States), Democratic Party, ...
signed the
Antiterrorism and Effective Death Penalty Act The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), , was introduced to the United States Congress in April 1995 as a Senate Bill (). The bill was passed with broad bipartisan support by Congress in response to the bombings of th ...
(AEDPA), the
Illegal Immigration Reform and Immigrant Responsibility Act The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA), is a law enacted as division C of the Omnibus Consolidated Appropriations Act of 1997 that made major changes to the Immigration and Nationality Act (INA). IIRAI ...
(IIRIRA), which made deportation mandatory for certain
aliens Alien primarily refers to: * Alien (law), a person in a country who is not a national of that country ** Enemy alien, the above in times of war * Extraterrestrial life, life which does not originate from Earth ** Specifically, a lifeform with ext ...
sentenced to a year or more of
imprisonment Imprisonment or incarceration is the restraint of a person's liberty for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is considered " false imprisonment". Impri ...
for an
aggravated felony The term aggravated felony was used in the United States immigration law to refer to a broad category of criminal offenses that carry certain severe consequences for aliens seeking asylum, legal permanent resident status, citizenship, or avoidan ...
conviction. In 2003, the
Immigration and Naturalization Service The United States Immigration and Naturalization Service (INS) was a United States federal government agency under the United States Department of Labor from 1933 to 1940 and under the United States Department of Justice from 1940 to 2003. Refe ...
(INS) was abolished and replaced by the now
Department of Homeland Security The United States Department of Homeland Security (DHS) is the U.S. federal executive department responsible for public security, roughly comparable to the interior, home, or public security ministries in other countries. Its missions invol ...
(DHS). In 2004, the DHS launched
Operation Endgame Operation Endgame was a 2003–2012 plan under implementation by the Office of Detention and Removal Operations of the United States Department of Homeland Security Bureau of Immigration and Customs Enforcement to detain and deport all remova ...
, a strategy to remove all deportable aliens. In 2005, a Homeland Security Spending Bill increased funds for immigration law enforcement to ten billion dollars, significantly raising the number of border patrol agents, immigration investigators and interior detention personnel. In 2006, Congress began considering more reform proposals that would impose even harsher restrictions for aliens who have broken the law and expand the definition of deportable crimes even further. As a result, minor past offenses can increasingly be used as grounds for expulsion.


Other countries and territories

Anyone deported from
Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...
for violating immigration law and criminal laws will have to successfully apply for a
authorization to return
although such an authorization may or may not be granted. Any non-citizen of a European Union member state or territory ever given a life sentence or otherwise given a determinate sentence o
at least 4 years
will typically, if living in the UK proper, be deported. Any non-citizen resident of
New Zealand New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of isla ...
who has ever been given a prison sentence of at least 5 years wil
typically be deported from
that
British Commonwealth The Commonwealth of Nations, often referred to as the British Commonwealth or simply the Commonwealth, is an international association of 56 member states, the vast majority of which are former territories of the British Empire The B ...
member state, with any other non-citizen resident who has, within the past decade before deportation, otherwise served a sentence of at least 12 months. Any non-citizen resident with a
substantial criminal record

even if such record does not include sex offences
will typically be removed from
Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
if living there. However, the Australian Administrative Tribunals has stopped the deportation of many convicts for various reasons. Some of the countries in the
Persian Gulf The Persian Gulf, sometimes called the Arabian Gulf, is a Mediterranean seas, mediterranean sea in West Asia. The body of water is an extension of the Arabian Sea and the larger Indian Ocean located between Iran and the Arabian Peninsula.Un ...
have deported foreign nationals as well as their own citizens. They've paid the
Comoros Islands The Comoro Islands are a group of volcanic islands in the Mozambique Channel, an arm of the Indian Ocean lying between Madagascar and the African mainland. Three of the islands form the Union of the Comoros, a sovereign nation, while Mayotte be ...
to take them.


See also

*
Deportation and removal from the United States Deportation from the United States is the process of expelling non-citizens. The authority to deport non-citizens rests on the "Plenary power doctrine, plenary power" of the Federal government of the United States, federal government, which give ...


References


External links

* * * * {{DEFAULTSORT:Criminal Deportation Immigration law