Deportation

As the complexities and restrictions of U.S. immigration law have increased, the legal profession’s subspecialty of immigration lawyers has flourished, extending in some cases to social-cause lawyering.

The gatekeeper of the borders of the United States, federal immigration law determines who may enter the country, how long they may stay, their status, their rights and duties while in the United States, and how they may become resident aliens or American citizens.

The St. Cyr decision held that recent federal legislation did not eliminate the federal courts’ jurisdiction to consider habeas corpus petitions from resident aliens who were deportable because of felony convictions.

The Lopez-Mendoza decision upheld very minimal application of Fourth Amendment rights to deportation proceedings, thereby allowing immigration officials to use some improperly acquired evidence when deciding whether noncitizens should be expelled from the country.

The Immigration Act of 1903 expanded the federal government’s power to regulate immigration.

Beginning in 1882, responsibility for administering U.S. immigration law, excluding the Chinese exclusion law, rested with the individual states.

Formed in the wake of the September 11, 2001, terrorist attacks on the United States, this well-funded cabinet department of the federal government has exemplified a governmental response to improve the coordination and effectiveness of efforts to combat the ongoing war against terrorism.

Defining the Haitian boat people as economic rather than political refugees allowed the United States to refuse asylum to thousands of Haitians and raised serious questions about human rights standards and treatment of refugees in the United States.

A forceful voice for the nascent anarchist movement in the United States, Goldman founded the magazine Mother Earth and crisscrossed the United States lecturing about anarchy and supporting anarchists, immigrant and labor groups, women, and others oppressed by the government and institutionalized capitalism.

U.S. immigration law has historically excluded openly gay and lesbian individuals on various bases, ranging from classifications of them as morally or medically unfit to their perceived social and political threats to the desirable character of American society.

The first person of African descent to galvanize black people throughout the world with the idea of returning to Africa, Garvey founded the Universal Negro Improvement Association (UNIA), which sought to deliver African Americans from injustice, encourage racial self-improvement, and promote a back-to-Africa movement.

In the context of the Cold War, the Galvan decision upheld the authority of the U.S. government to order the deportation of persons who had been members of the Communist Party, even if there was no good evidence that they had understood the party’s advocacy of violent revolution.

Upholding the constitutionality of the Geary Act of 1892, the controversial Fong Yue Ting decision recognized that the U.S. Congress had almost unlimited discretion to establish all aspects of the nation’s immigration policy, including the rules and procedures for alien registration and deportation.

This federal law provided free transportation for Filipino residents of the continental United States who wished to return home but could not afford to do so.

The Fedorenko decision established that the citizenship of a naturalized citizen may be revoked in cases when individuals intentionally provided false information to enter the country or to obtain materialization.

Deportation power gives the federal government a tool to remove immigrants who enter the United States in violation of immigration law or violate standards of behavior, as outlined in immigration law, after lawful entry into the country.

The Dada decision recognized the right of immigrants to pursue motions to reopen their cases after agreeing to voluntary departure, thereby permitting such immigrants to present new facts to immigration officials.

Over time the federal government has passed numerous laws and increased enforcement efforts to thwart the entry of criminal immigrants and to make it easier to deport alien criminals who are in the country, including those who have committed their crimes after arriving. 

The development of organized criminal activities among certain ethnic groups has perpetuated the notion that undesirable elements of society have been disproportionately represented among new immigrant populations in the United States.

When making decisions that dealt with the various Chinese Exclusion Acts, the Supreme Court examined the language of the legislation and attempted to discern the intent of Congress.

The decision demonstrated that the majority of the justices sympathized with the vigorous enforcement of the Chinese Exclusion Acts and that they were not disposed to allow minor procedural defects to interfere with the deportation of persons entering the country illegally.