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Legal Definitions - deportation
Definition of deportation
Deportation is the formal act by which a government removes a non-citizen from its borders and sends them back to their country of origin or another country willing to accept them. This legal process is typically initiated when a foreign national has violated immigration laws, such as entering the country without proper authorization, failing to comply with the specific conditions of their visa, or overstaying the period they were legally allowed to remain. Governments may also pursue deportation against non-citizens who have committed serious crimes within their territory or are identified as a threat to national security or public safety. It is important to note that deportation is generally considered a civil administrative proceeding, not a criminal punishment.
Example: Maria entered a country on a tourist visa, which explicitly prohibits employment. However, after a few months, she began working part-time in a restaurant to support herself. When immigration authorities discovered her unauthorized employment, they initiated deportation proceedings against her.
Explanation: This illustrates deportation because Maria, a non-citizen, was formally removed from the country for violating a specific condition of her tourist visa (prohibition of employment), even though she had initially entered legally and had not yet overstayed her authorized period.
Example: Kenji, a permanent resident of a country for over a decade, was convicted of a serious felony, specifically aggravated assault, after a violent altercation. Despite his long-term residency, the government began proceedings to deport him following his conviction and completion of his sentence.
Explanation: This demonstrates deportation as Kenji, a foreign national, faced formal removal from the country due to his conviction for a serious criminal offense, which is a common ground for governments to expel non-citizens, regardless of their prior legal status or length of stay.
Example: During a routine review, immigration officials discovered that Elena had obtained her initial entry visa by submitting forged educational documents and a falsified employment history. Years later, after living in the country, the government initiated deportation proceedings based on this fraudulent misrepresentation during her application process.
Explanation: This example shows deportation occurring when a non-citizen is found to have gained entry or status through deceptive means. Elena's removal is a direct consequence of her initial fraudulent actions, highlighting that even long after entry, such violations can lead to formal expulsion.
Simple Definition
Deportation is the formal removal of a foreign national from a country, typically for violating immigration laws or posing a threat to public safety. This process is a civil, not criminal, proceeding that often involves a legal hearing before an immigration judge.