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Will I be deported?

How can we know whether deportation policies and procedures in the United States are ethical?

By: Moneka Jani

Will he be deported?

Will she be deported?





WHAT IS DEPORTATION?

Deportation is the expulsion of a person or group of people from a place or country.

The main type of deportation used in the U.S is:

-External Deportation: All countries reserve the right of deportation of foreigners, even those who are longtime residents. In general, however, only foreigners who have committed serious crimes, entered the country illegally, overstayed their leave to remain, or been extradited to another country to stand trial, or been considered a threat to the country are deport-able.

AREAS OF KNOWLEDEGE TOUCHED UPON

History

The arts (media)

Human sciences (treatment of legal/illegal immigrants)

Mathematics (statistics)

Ethics

CONFLICTING VIEWS

Many people believe that the deportation polices and procedures of the United States are unethical and should be altered.

In comparison, many people also believe that the deportation polices and procedures of the United States are ethical and should be harsher.

But how does one come to the conclusion that deportation policies and procedures in the U.S are ethical or unethical?

THE HISTORY OF DEPORTATION

The first deportation law in the United States was the Alien Act of 1798. Under this law, the president could deport any alien who was deemed dangerous.

The Alien Act was the result of growing hostility between the United States and France; with the accession to power of Napoleon Bonaparte, tensions eased dramatically, and no one was actually ever deported under the Alien Act.

THE HISTORY OF DEPORTATION

In the 1920s the issue was not so much deporting aliens as keeping them out; quota systems limited the number of immigrants to the United States.

After World War II, the Cold War and a growing fear of Communist infiltration into the U.S. government resulted in more deportations for several years.

Until nearly the end of the twentieth century, deportation was considered separate from exclusion, the act of denying an alien entry into the United States.

With the passage of the Illegal Immigration Reform and Immigrant Responsibility Act in 1996, deportation and exclusion procedures were consolidated, effective April 1, 1997.

THE MEDIA

The media does not talk about deportation cases, instead it spreads the awareness of the problem of immigration and emphasizes the foreigners that cause problems in the United States. But what happens to them once they are caught? Do they stay or are they sent back to their country? Do they face a fair trial? The media does not report that information and so many people are left asking those questions.

International news is the main type of media that sheds light on deportation horrors in the United States and the harsh treatment that immigrants and foreigners go through. People who see the media portraying deportation in the light, view it as unethical and believe that it is too harsh but people also believe that this source of media is unreliable

THE MEDIA

This news was broadcast all over the Indian and Middle Eastern news.

In the days, weeks and months following the tragic events of September 11, 2001, hundreds of American immigrants were rounded up and detained, often under harsh or abusive conditions, in the name of keeping America safe.

Not because of evidence (or even sound hunches) that they were involved in the terrorist attacks that brutally ended the lives of more than 3,100 people. Not because they were found to have ties to or even knowledge of terrorist groups who might threaten American security in the future.

THE MEDIA

Instead, hundreds of immigrants were arbitrarily snared in this dragnet, marked for arrest and thrown (literally, at times) in jail.

The exact number is unknown, because the United States government refuses to release that information. They had one thing in common: Almost all were Arab or South Asian men, and almost all were Muslim.

The agents picked them up on the flimsiest of "tips" or as a result of chance encounters. One immigrant interviewed by the ACLU said a hospital co-worker gave the FBI his name because she thought he wore his surgical mask "more than necessary" at work. Another said he was arrested when agents came to his apartment looking for the previous tenant. They settled for him instead.

THE MEDIA

Many minority groups in the United States and other Americans see or hear about broadcasts like the one before and are appalled by the news.

One can argue the point of how accurate these types of broadcasting are, do these international news stations have all of the facts regarding those cases? People find international media sources to be unreliable and inaccurate. But they begin to question why the media in the United States rarely covers a story having to do with deportation.

Many, many legal immigrants are going to be pulled into this net even for minor violations ... and after they've lived here 10 or 20 years, they're going to be deported.

- Tom Barry, analyst at the Center for International Policy.

More legal immigrants and foreigners living in the United States are deported for small offenses and people like Tom Barry find that wrong. He believes that if a legal immigrant has lived in the United States for so long and has committed a small crime, they should be punished like every other American- not deported back to their country.

THE CORRECT PROCESS OF DEPORTATION

The first step in deporting an alien is to issue an "Order to Show Cause." This document establishes the government's reasons for deporting the person in question. The alien is usually detained, although he or she can be released by posting bond.

The alien is then scheduled to attend a hearing before an immigration judge. The government is represented at these hearings by an attorney; the alien can also have legal representation, but it must be "at no expense to the government."

In many jurisdictions, there are lawyers and legal agencies who will work for the alien for reduced fees or for free.

THE CORRECT PROCESS OF DEPORTATION

The judge hears the evidence on both sides and makes a ruling, which can be appealed by both sides to the Board of Immigration Appeals (BIA).

Once BIA makes this ruling, the losing side can appeal through federal courts, although the likelihood of an alien appealing would depend on his or her financial resources.

THE ACTUAL PROCESS OF DEPORTATION DONE

Many foreign citizens living in the U.S. are deported back to their countries with the utmost brutality and ruthlessness.

They are seized by the U.S. Immigration officers regardless of sex, age, occupation and whether they were America citizens or not: many of the foreigners are found illegal and deported.

Homes broken and complete families torn apart with many times on only a few hours notice.

When an immigrant is seized by the immigration officers, a hearing is supposed to be scheduled, at which the immigration judge asks if the alien is ready to proceed with the case, or if he or she needs time to secure an attorney.

THE ACTUAL PROCESS OF DEPORTATION DONE

If the alien needs time to secure an attorney, a hearing is scheduled for a later date, but there have been thousands of cases where the immigrant never made the hearing and suddenly disappeared.

The family never hears from their loved one ever again and the immigration officers never look into and move on to another immigrant.

Many immigrants while awaiting the trial are placed in detention centers for years at a time and never allowed to see or speak to their family.

HUMAN SCIENCES

"I don't think there's any question that the vast majority of people the public and the government realize that we don't need more criminals in this country," said Rosemary Jenks, director of government relations with Numbers USA, a group that advocates reducing immigration.

ICE spokesperson Tim Counts defended the fast-tracked deportation of undocumented aggravated felons, arguing, "under the law, people who are in the country illegally and have committed crimes here are allowed only so much due process."

HUMAN SCIENCES

A recent audit by the Homeland Security Inspector Generals office documented abuses at several immigration detention centers. The reported violations range from alleged physical abuse by staff, to deprivation of medical services and recreation time, to surveillance of detainees phone calls.

"Its inhumane," said Marchabeyoglu, who spent two years at the San Diego Correctional Facility, which was detailed in the audit. "Its degrading; you have no rights."

On June 13, 2007, the ACLU filed a class action lawsuit on behalf of immigrant detainees at San Diego Correctional Facility (SDCF), charging that inadequate medical and mental health care have caused unnecessary suffering and, in several cases, avoidable death.

STATISTICS

Nearly 300,000 men, women, and children are detained by U.S. Immigration and Customs Enforcement (ICE) each year, the majority of whom have no criminal history whatsoever.

Thousands arrive in the United Stated fleeing persecution and torture, only to be locked up like criminals in one of over 400 detention facilities around the country.

ETHICS

The media and politicians influence Americans on their view of deportation.

People listen to Rosemary Jenks and agree that even small crimes committed by legal immigrants should give the government the right to deport them because it is for the common good.

Others disagree saying that is unfair to someone who has been loyal to the United States for years.

ETHICS

One side believes that any immigrant that commits a crime should be deported with or without a trial. If it is for the common good that he or she is sent back to their country, then that should be done.

But the other side says that by not letting the immigrant have a fair trial, you are taking away all their rights; the law is then broken. It is unethical that the certain rights given to them by the law are taken away and they are deported. You are then not only breaking the law, but putting the common good of Americans over the law and millions of foreign people.

ETHICS

"Its not about, People should pay the consequences for their crime," said Kateel of Families for Freedom.

Since aggravated-felony cases often target those who "already served their sentence for their crime" and may now be rehabilitated or play a strong role in their communities, he argued, "All people are really saying is that you should have a reliable hearing in front of a fair immigration judge that can consider all of these circumstances and then decide whether its a good idea to deport you or not."

EMOTIONS LEAD TO A BELIEF

When some people hear about how harshly immigrants are treated, they are sad and feel pity for the immigrants. Their emotions lead them to their belief that the constantly changing policies and procedures of deportation are unethical and need to be altered.

But the opposing side hears about the treatment of immigrants and believe that the immigrants deserve even harsher laws and do not deserve certain rights- like the right to a trial because they are not American citizens or they have committed some type of minor or major crime.

REASON LEADS TO A BELIEF

People reason that all immigrants, legal or illegal are in the United States, where under a law they have the right to fight their own case and be tried in front of a judge. Taking these rights away leaves the immigrant helpless and in a position where what they say cannot be heard.

Opposing this belief, there are people that reason that legal or illegal immigrants that have committed either a minor major crime should be deported immediately for the good of the country. Having a trial is not necessary because they pose a threat to society and therefore should be made to leave.

SENSE PERCEPTION LEADS TO A BELIEF

Many of those people that believe that the polices and procedures are unethical, may have seen the harsh treatment first hand or know someone that has been through it. They may see the struggles of legal immigrants and how one mistake can have them deported and leave their life behind.


But also many of the people that believe that the polices and procedures are ethical and need to be harsher may see first hand the problems that immigrants cause, if its from coming into the United States illegally or seeing crimes committed by immigrants or foreigners. Since they have perceived the crimes first hand, it is only understandable that they would want harsher laws and polices.


After September 11th, 2001 when the United States was attacked, millions of Americans across the country demanded strict polices on deportation, they wanted all foreigners to leave because they saw them as a threat. Many people, even years later still suffer from fear from the attacks, they fear all foreigners, immigrants or not.

They are afraid of another massive attack and believe that it can be prevented by first controlling the foreign population in the United States strictly.


At the beginning of the presentation, you saw a series of pictures and I asked you to tell me which if they were likely to be deported or not.

Since September 11th, Indians, Arabs, and Muslims have been targets of extreme amounts of deportation. After 9 11, when people heard about deportation, immediately believed that they persons being deported were Muslim

Many Americans also associate Mexicans with deportation and coming to America illegally.

STATISTICS

In 2005, 57% of illegal immigrants were from Mexico, 24% were from other Latin American countries, primarily from Central America, 9% were from Asia, 6% were from Europe and Canada, and 4% were from the rest of the world.

An estimated 8.4 million of the 11.6 million unauthorized immigrants living in the United States in 2006 were from the North America region, including Canada, Mexico, the Caribbean, and Central America.

IN CONCLUSION

People's beliefs towards the polices and procedures of deportation are affected by the media, ethical points, and human sciences, but reason, emotion, and sense perception are what ultimately help decide where they stand on this controversial issue.

ANY QUESTIONS OR COMMENTS?

SOURCES

Michael Hoefer, Nancy Rytina and Christopher Campbell (August 2007). "Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2006" (PDF). http://en.wikipedia.org/wiki/Office_of_Immigration_Statistics

http://en.wikipedia.org/wiki/Deportation

http://www.enotes.com/everyday-law-encyclopedia/deportation#history-deportation-united-states

http://newstandardnews.net/content/index.cfm/items/4237

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