Deportation law of the United States

Published: 2019-04-09 06:15:07
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Illegal and legal immigrants

Deportation is the act of forcefully sending both illegal and legal immigrants back to their countries of origin by another state. In this text, several conditions that would make one be deported in the United States are analyzed. Deportation in the United States would be made if an immigrant is convicted of some crime in a court of law in the sovereign. The law of the United States under the Immigration and Nationality Act has outlined the instances that a legal immigrant may also be sent back to his or her country of origin. The presence of immigrants in the country has had a great impact both positive and negative in nature to the United States. This paper tries to analyze and foresee the future of the immigrants who currently reside in the United States. To be able to achieve this objective, the paper discusses both the benefits and harm that the presence of the immigrants has brought to the country. The paper also analyzes the relevant information that is contained in the laws of the country to determine when and why an immigrant may be deported back to his or her country of origin. There are also court cases that are discussed to determine the case laws available for the court of law to make the required decisions. The decision made by the judges is of great relevance to this study.

The country has been experiencing a lot of discussions on whether the government should deport back the immigrant to their countries. Some argue that the immigrants lower the wages in the labor industry and take jobs that are meant for the American-born citizens hence making the workers suffer. The people also claim that the immigrants create an economic baggage to the public services, schools and healthcare centers which reduce the quality of service and burden the taxpayers. Others argue that they should not be deported back since they take jobs that the American-born workers do not take and also that the country has a responsibility to host the immigrants who might have escaped from their countries due to oppressive conditions. By the rulings made on Jose Padilla vs. Kentucky and INS vs. St. Cyr it is quite evident that the immigrants who are found or plead guilty of engaging in criminal activities will definitely be deported back to their countries.

The government may resort to deporting the immigrants due to various negative impacts that the country faces as a result of having the immigrants. Immigration has brought various negative effects to the country. The immigrants pose a security threat hence the country is not able to secure the borders due to large numbers of immigrants. The citizens feel insecure due to increased risks of terrorist attacks and are calling for increased and strengthen the border security to control the issues since the terrorist may enter the country as immigrants and later create the insecurity threat. The illegal immigrants are also a threat to the native-born workers. The illegal immigrants lower the pay scale since they can accept any little amount of pay since they are not allowed to get a legal job. They also reduced the labor standards that set the position of the American-born workers below since they can take compromised working standards. Illegal immigration has also been the greatest challenge that the United States has encountered. The illegal immigrants have moved into the country. More than one-third of the population of foreigners consist of illegal immigrants. These huge numbers have brought insecure insecurity, the burden of economic costs to the country due to having large numbers of people depending on these social amenities that cannot handle all of them. Illegal immigration also created lower class people that have been cut off from the others mainly due to poverty hence poor living standards (Daris et al., 2006).

There are also reasons that may also make the immigrants not be deported. These reasons are main benefits that the country has gotten from the presence of the immigrants. First, the immigrants make the United States gain a competitive advantage over the other countries in fields of science and engineering. For example, a study carried out shows that half of the students who enrolled in graduate programs in educational institutions were born in foreign countries. This, therefore, translates into having more professionals in those fields of study. The immigrants have also created entrepreneurship and business opportunities in the United States. Intel, Sun Microsystems, and Google are few of the firms that have been partly started by immigrants and have created jobs and cause the economy of the United States grow stronger. The immigrants also provided labor in the labor market that American-born workers are not able to fill due to low pay and poor working standards. This enables the country to overcome the shortcomings in the labor sector hence having a stronger and skilled labor force. The immigrants who work also pay taxes and make the country achieve that which could not have been achieved (Daris et al., 2006).

In the future, the issue is likely to be resolved that illegal immigrants be deported back to their countries. This is shown in the court cases that have been decided to the disadvantage of the immigrant and also the presence of regulations that permit the deportation. These are discussed below.

 First, the decisions by the courts of law are not in favor of the immigrants who are involved in criminal activities in the United States. In Jose Padilla vs. Kentucky, the judges ruled that Jose who is the petitioner is liable to deportation. Jose is originally from Honduras and has been a resident of the United States permanently and also a member of the United States army. The decision for his deportation was made after he pleaded guilty to have transported a large quantity of cannabis Sativa in the trailer of his tractor in Kentucky. Padilla claimed that he had been misled by his attorney and he would have pressed for continuation to trial had the counsel had not given him false information. After Padilla pleaded guilty it made it mandatory for him to be deported. The supreme court of Kentucky did not give the petitioner post condition relief without an advantage of or pertaining to evidence despite supposing that his allegations are true. The judge stated that the Sixth Amendment’s guarantee does not guard the petitioner against deportation from receiving false information on deportation and the misleading information from the attorney could not be used as the base to provide him with a relief.

The judge in Padilla vs. Kentucky the judge agrees that Padilla had the constitutional right to get the correct advice from the attorney in relation to the case since his conviction would make him deported. The base of the judgment the case, that is Padilla being deported is the Immigration and Nationality Act of 1917 that makes immigrants be deported in line with the crime that the immigrants commit in the United States.  The 19th section of the Immigration and Nationality Act 1917 recommends that immigrants be deported back to their countries if found guilty or pleads guilty to committing a crime of moral wickedness. If the immigrant commits two or more crimes of the nature of moral wickedness at any time after their admission they are to be deported. In the case of immigration and naturalization service vs. St. Cyr the respondent Enrico St. Cyr is a Haiti-born, who got admitted to the United States as a permanent resident lawfully. He pleaded guilty to selling a controlled substance and hence he faced a conviction of deportation. He would also have a right to be blameless and hence not to be deported.  This applies that any immigrant both legal and illegal have a relatively high chance of being deported back to their original countries as the judiciary provides deportation of any immigrant that is involved in the specific criminal acts provided by the law.

Secondly, the immigrants may be deported for the reasons provided by law. The immigrants may be deported for entering and residing in the United States illegally. This means that they lack visas or green card or their visas are expired which means they are staying in the country beyond the stipulated time. Immigrants who have a temporary or permanent right to stay in the United States may lose this right if they found guilty or plead guilty of committing the following acts. First is if they fail to notify the United States citizenship and Immigration service’s if they change their location at the appropriate time as required. They may also be deported if they are involved in some crimes that are outlined in the law but not all crimes.

 The criminal acts that make the immigrant who is a holder of green cards or unexpired visas deportable are alien smuggling, document fraud, and domestic violence, drug trafficking, money laundering, fraud, espionage, sabotage, terrorism and first class crimes that include rape and murder and those described as of moral wickedness. The immigration law provides a base of deportation. The law provides that the immigrant is deportable if he or she commits crimes of moral evilness. If the criminal act involving moral evilness is single the immigrant will be deported if the act occurs five years after admission. If the acts of moral wickedness are two or more the immigrant is deportable even if he or she had been admitted after more than five years. 

These regulations are likely to cause a humanitarian crisis if a large number of immigrants face deportation hence there is need of taking due diligence before the government takes the above action. In conclusion, the advantages of immigrants out ways the disadvantages, there is a need for the government to review the law and protect the human rights as per the International law.  Therefore, the existence of the immigration law and especially on deportation might not have a large impact as often it might not be used. However, when used, the rights of the person convicted should be taken into consideration before a final judgment is made, therefore, there is no need for deportation. 

 

Works sited

Immigration and Naturalization Service vs. St. Cyr, 533 US 289.Supreme Court of the United States, 2001, Google scholar, web, 28 March 28, 2017. https://scholar.google.com/scholar_case=1683763112505947572&q=deportation+of+immigrants+on+usa+pdf&hl=en&as_sdt=2003

Daris M., Deborah W., Demetrios G., Michael F., “Immigration and America’s Future: A New Chapter.” Report of Independent Task Force on Immigration and America’s future. Migration Policy Institute. Print. 2006.

Michael A. Scaperlanda., “Immigration Law: A Primer.”2009. The Federal Judicial Center. Print.

Jose Padilla, the petitioner vs. Kentucky, 130 S. Ct 1473. Supreme Court of the United States. 2010. Google scholar, web. 28 March 2017.

 

 

 

 

 

sheldon

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