Legal Definitions - nonremovable inmate

A nonremovable inmate refers to a non-citizen who has been ordered to be removed (deported) from the United States but cannot be sent back to their home country. This situation arises because the U.S. government does not have formal diplomatic relations with that individual's country of origin, making it impossible to arrange for their repatriation. As a result, these individuals often remain in U.S. detention indefinitely.

Here are some examples to illustrate this concept:

• Example 1: Imagine a person from a country like North Korea, with which the United States has no diplomatic ties, is found to have committed a deportable offense while living in the U.S. After serving their sentence, they are ordered to be deported.

  Explanation: Because the U.S. government does not maintain diplomatic relations with North Korea, there are no official channels to coordinate with North Korean authorities to arrange for this individual's return. Consequently, the person cannot be deported and becomes a nonremovable inmate, held in U.S. detention indefinitely.

• Example 2: An individual from a small nation in Africa is ordered deported after serving a sentence for a serious crime. While the deportation process is underway, a sudden political crisis leads the U.S. to sever all diplomatic relations with that nation.

  Explanation: Even though the individual was initially deportable and an order for removal was issued, the abrupt termination of diplomatic ties means the U.S. can no longer communicate with the home country's government to facilitate their return. This renders the individual a nonremovable inmate, as their deportation cannot be executed.

• Example 3: Consider an individual who is a citizen of a territory that has declared itself an independent state, but this new state is not officially recognized by the United States government. If this person commits a deportable offense in the U.S. and is ordered removed, the U.S. cannot deport them to the unrecognized "state" because there are no diplomatic channels to do so.

  Explanation: The lack of U.S. recognition of the claimed "country" means there are no diplomatic relations through which to arrange for their return. Even if the original country from which the territory seceded exists, it may refuse to accept the individual as a citizen of the breakaway region, leaving the person in indefinite U.S. detention as a nonremovable inmate.