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Deportation

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Armenian civilians, being deported during the Armenian Genocide.

Deportation, not to be confused with extradition, generally means the expulsion of someone from a country. In general, the term refers to the expulsion of foreigners (the expulsion of natives is usually called banishment, exile, or transportation).

Deportation can also happen within a country, when for example an individual or a group of people is forcibly resettled to a different part of the country. If ethnic groups are affected by this, it is also referred to as population transfer. The rationale is often that said groups might assist the enemy in war.

During World War II, Estonians, Latvians, Lithuanians, Volga Germans, Crimean Tatars, Chechens, and others were deported in the Soviet Union by Stalin and Japanese Americans were deported in the United States of America by Franklin Roosevelt.

In the 19th century, the United States of America government, particularly under Andrew Jackson, deported numerous Amerindian tribes. The most infamous of these deportations became known as the Trail of Tears.

Almost all countries reserve the right of deportation of foreigners, even those who are longtime residents. In general, deportation is reserved for foreigners who have committed serious crimes, entered the country illegally, overstay their visa, or face trial by another country (see extradition). It can also be used on non-criminal visitors and foreign residents who are considered to be a threat to the country. Deportation is generally done directly by the government's executive apparatus rather than by order or authority of a court, and as such is often subject to a simpler legal process (or none), with reduced or no right to trial, legal representation or appeal.

Deportation often requires a specific process that must be validated by a court or senior Minister. 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.

Available Sources of Relief from US Deportation Proceedings

There are numerous protections and sources of relief from deportation proceedings in the United States. As such, there are Immigration attorneys that specialize in removals and deportation proceedings. Many times, the immigrant is able to benefit from available sources of relief such as: asylum, withholding of removal, adjustment of status if married to a US Citizen spouse, and cancellation of removal. It is important to note that there are also waivers available against inadmissibility and removability of an individual during deportation proceedings.

See also