Deportation

“ It must be remembered that the deportation proceeding is an exercise of adjudicative, not rule-making, power. The issue on which evidence is heard is whether the alien has committed acts which are grounds for deportation. ”

“ We find these ordinary canons of statutory construction compelling, even without regard to the longstanding principle of construing any lingering ambiguities in deportation statutes in favor of the alien. ”

“ No shadow of excuse for deportations.
"Mr. Minister, the crime which is now being committed under your eyes, namely, the deportation of thousands of men compelled to work on enemy soil against the interests of their country, can not find any shadow of excuse on the ground of military [Pg 70] necessity, for it constitutes a violation by force of a sacred right of human conscience.
"Whatever may be the motive it can not be admitted that citizens may be compelled to work directly or indirectly for the enemy against their brothers who are fighting. ”

“ It is simply the ascertainment, by appropriate and lawful means, of the fact whether the conditions exist upon which Congress has enacted that an alien of this class may remain within the country. The order of deportation is not a punishment for crime. It is not a banishment, in the sense in which that word is often applied to the expulsion of a citizen from his country by way of punishment.'
But it was not suggested, and indeed could not be, that the deportation and exile of a citizen was not punishment. ”

“ In the absence of a rational connection between the imposition of the penalty of deportation and the present desirability of the alien as a resident in this country, the conclusion is inescapable that the Act merely adds a new punishment for a past offense. ”

“ Give us a generation of selected immigration; deport the un-Americans who divide their loyalty; revoke the naturalization of every man interned in this war and of every other disloyal man,—every adherent to the law of violence and destruction,—and then, and then only, the result may be an American population and a real America.
The best possible news for America would be that of the deportation of more than 300,000 false and foresworn citizens who have acted as German spies in America during this war. ”

“ Article II (1) (c) of Control Council Law No. 10 specifies certain crimes against humanity. Among those is listed the deportation of any civilian population. The general language of this sub-section as applied to deportation indicates that Control Council Law No. 10 has unconditionally contended as a crime against humanity every instance of the deportation of civilians. ”

“ It § no less important for government officers, acting under established procedure to effect a deportation arrest rather than one for crime, to protect themselves and to insure that their prisoner retains no means by which to accomplish an escape. ”

“ It is no answer that a deportation proceeding is technically non-criminal in nature and that a deportable alien is not adjudged guilty of a 'crime.' Those are over-subtle niceties that shed their significance when we are concerned with safeguarding the ideals of the Bill of Rights. The impact of deportation upon the life of an alien is often as great if not greater than the imposition of a criminal sentence. A deported alien may lose his family, his friends and his livelihood forever, Return to his native land may result in poverty, persecution and even death. ”

“ The ultimate question presented by this record, therefore, is one of fact, whether the warrant of deportation was supported by any evidence that the alien when he entered the United States advocated opposition to all organized government or the overthrow of the United States government by force and violence, within the meaning of the statute. ”

“ Are the Czar’s methods, the Third Section, the secret political spy organizations, anonymous denunciations, star chamber proceedings, deprivation of trial, wholesale deportations and banishment, to become an established American institution? Let the people speak.
The full significance of the principle of deportation is becoming daily more apparent. The field of its menace is progressively broadening. Not only the alien social rebel is to be crushed by the new White Terror. Its hand is already reaching out far for the naturalized American whose social views are frowned upon by the Government. ”

“ It is the penultimate in your large document book, Line 5:
“If these offenses are punished with imprisonment or even with hard labor for life, it will be interpreted as a sign of weakness. Effective and lasting intimidation can only be achieved either by capital punishment or by measures which leave the relatives and the population in the dark about the fate of the culprit. Deportation to Germany serves this purpose.” ”

“ It is to be noted that the classes of aliens who are subject to deportation are not wholly made up of those who enter in violation of the law; in some cases cause for deportation may arise after a lawful entry. ”

“ No one believed that the Government of the United States or the loyal people of the North were so inhuman and so unpatriotic as to advocate the deportation of this vast population, or so foolish as to think that such a task would be practicable even if it were desirable. ”

“ Such an experiment would in time require the deportation to New York of the entire male adult population of Ireland, to be turned into the "finest police in the world," to stem the tide of crime and immorality which such premium upon ignorance would entail. ”

“ Abudu, 485 U.S., at 107-108, 108 S.Ct., at 913. This is especially true in a deportation proceeding where, as a general matter, every delay works to the advantage of the deportable alien who wishes merely to remain in the United States. ”

“ If the deportation of several families is being carried out in a settled locality, one of the operative workers shall be appointed senior as regards deportation in that village, and under his direction the operative personnel shall proceed to the villages in question. ”

“ The people who preach expatriation, deportation, elimination, or whatever they choose to call it, are not the people who employ the Negro or wish him well, or would be pleased to see him succeed in any hemisphere. ”

“ Precisely because an alien may qualify for one form of relief from deportation, but not another, the INS allows aliens to plead in the alternative in immigration proceedings. [11] There was nothing which prevented respondent from bringing evidence in support of his asylum and withholding of deportation claims at his first deportation proceeding, in case the Attorney General did contest his designation of Ireland as the country to which he be deported. ”

“ Otherwise the Attorney General shall direct the deportation to any one of a series of specified countries or if deportation to any of them is impracticable, inadvisable, or impossible, then to any country which is willing to accept the alien. ”

“ The open country, the new moral scenery, the necessities of that new world, conspire with good resolutions to maintain reformed habits. What shall we do with our reformed prisoners? It is not improbable that in a few years England will imitate France and restore the system of deportation. ”

“ But the exigencies of war, not his voluntary act, put him on foreign soil. [1] It would indeed be harsh to read the statute so as to add the peril of deportation to such perils of the sea. We might as well hold that if he had been kidnapped and taken to Cuba, he made a statutory 'entry' on his voluntary return. Respect for law does not thrive on captious interpretations.
Deportation can be the equivalent of banishment or exile. See Bridges v. Wixon, 326 U.S. 135, 147, 65 S.Ct. 1443, 1449, 89 L.Ed. 2103. The stakes are indeed high and momentous for the alien who has acquired his residence here. ”

“ Some people think any proposal short of mass deportation is amnesty. I disagree. There's a rational middle ground between automatic citizenship for every illegal immigrant and a program of mass deportation. ”

“ Since the adjudication of deportability is certainly the principal ingredient, and an indispensable one, of the ultimate result of the proceeding-a final order of deportation-it would not be unusual for Congress to include in an overall enactment relating to judicial review of all final orders of deportation a specific provision pertinent to the primary constituent of such an order. ”

“ The idea was not merely to banish the dangerous social elements to a distant soil: the young republic wished to prove that "humanity presided over all its actions." Deportation, with the disciplinary processes that surrounded it, was expected to bring about the moral regeneration of those subjected to it; the criminal would be transformed into a useful citizen; no longer a terror in his old home, he would aid the development of and become a positive benefactor to the new. ”

“ An act of George I. still in force lessened the penalty to deportation for seven years or imprisonment for two years with or without hard labour. The Offences against the Person Act 1861 changed deportation to penal servitude. ”

“ By express legislative directive, the petitioner's departure in 1942 is for present purposes to be regarded as a deportation. We think it beyond dispute that one who has been deported does not continue to have his residence here, whatever may be the significance of other factors in the absence of a valid deportation. ”

“ Here the liberty of an individual is at stake. Highly incriminating statements are used against him-statements which were unsworn and which under the governing regulations are inadmissible. We are dealing here with procedural requirements prescribed for the protection of the alien. Though deportation is not technically a criminal proceeding, it visits a great hardship on the individual and deprives him of the right to stay and live and work in this land of freedom. ”

“ It is thus that they have been able to remain stable and united. The deportation policy has been their salvation, for it is the quixotic enthusiasts and crotchety extremists that constitute the greatest danger to the solidarity of a state; but in spite of their great advantages and the adoption of this method of state expurgation, they have not advanced in these thousands of years, during which they have occupied their islands. ”

“ At the time of respondent's January 1965 hearing before the District Director, § 243 (h) of the Immigration and Nationality Act provided:
'The Attorney General is authorized to withhold deportation of any alien within the United States to any country in which in his opinion the alien would be subject to physical persecution * * *.' [20] (Emphasis added.) ”

“ The final condition under which deportation becomes illegal occurs whenever generally recognized standards of decency and humanity are disregarded. This flows from the established principle of law that an otherwise permissible act becomes a crime when carried out in a criminal manner. ”

“ Intending immigrants as well as steamship companies learn the standards of exclusion and the methods of evasion, so that the proportion who take their chances and fail in the attempt is very small. Nevertheless, this deportation of immigrants, though averaging less than 1 per cent, is a hardship that should be avoided. It has often been proposed that this should be done through examination abroad by American consuls or by agents of the Immigration Bureau. ”

“ But we cannot ignore the background of the 1952 immigration legislation, its laborious adaptation of the Administrative Procedure Act to the deportation process, the specific points at which deviations from the Administrative Procedure Act were made, the recognition in the legislative history of this adaptive technique and of the particular deviations, and the direction in the statute that the methods therein prescribed shall be the sole and exclusive procedure for deportation proceedings. ”

“ The procedural question as thus narrowed is whether an administrative decision against a requested suspension of deportation under § 19 (c) of the Immigration Act can be challenged by an alien free from custody through a declaratory judgment or whether, to secure redress, he must await the traditional remedy of habeas corpus after his arrest for deportation. ”

“ In this way, the better elements are eliminated and the inmates of the criminal insane asylum reduced to the worst and most dangerous types only.
Capital Punishment
When, notwithstanding prisons, deportation, and criminal asylums, individuals of ineradicable anti-social instincts make repeated attempts on the lives of others, whether honest men or their own companions in evil-doing, the only remedy is the application of the extreme penalty—death. ”

“ No person who is held for deportation under this Act or under any regulation made thereunder, or is under arrest or detention as an alien enemy, or upon suspicion that he is an alien enemy, or to prevent his departure from Canada, shall be released upon bail or otherwise discharged or tried, without the consent of the Minister of Justice. ”

“ However, under neither of the exclusion sections, i.e., § 237 (a) of the present Act or § 18 of the 1917 Act, is the deportation authority confined, as respondents contend, to those situations where deportation is immediate. Neither section, when read in its entirety and in context, fairly suggests any such limitation. Nor are there reasons of policy to compel such a result. As the desie to remain increases, those knocking on our doors quite naturally become more litigious, and contested departures often involve long delays. ”

“ And the statement of the court in the present case that the United States can, as a matter of public policy, by congressional legislation, forbid aliens or classes of aliens from their territory, and can, in order to make effectual such legislation for their exclusion or expulsion, devolve the power and duty of identifying and arresting them, and causing their deportation upon executive or subordinate officials, is accepted as sound. ”

“ Section 242 (b) then deals with matters peculiar to deportation proceedings, which have no direct analogues in the Administrative Procedure Act: safeguards to be established to protect mentally incompetent aliens; the right of the inquiry officer to proceed if the alien deliberately absents himself ”