Thread: Is the story about Iowa governor flying illegals back to Honduras real or hoax?

Deportation

Deportations of immigrants, which are also referred to as removals, may be issued when immigrants are found to be in violation of the United States' immigration laws. Deportations may be imposed on a person who is neither native-born nor a naturalized citizen of the United States.^[76]

Deportation proceedings are also referred to as removal proceedings and are typically initiated by the Department of Homeland Security.

The United States issues deportations for various reasons which include security, protection of resources, and protection of jobs.
The AEDPA and IIRIRA Acts of 1996[edit]

In 1996 there were two major pieces of legislation passed that had a significant effect on illegal immigration and most importantly deportations in the United States. The two new laws were the Anti-terrorism and Effective Death Penalty Act (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA).

These two laws were introduced following the events of the World Trade Center bombing of 1993 and the Oklahoma City bombing of 1995, both of which were terrorist attacks that claimed American lives. These two acts resulted in a significant change in the process of convicting lawful permanent residents. Although deportation had always been a viable and practiced sentence, these new laws changed the way criminal cases of lawful permanent residents were handled which in turn resulted in an increased number of deportations from the United States.^[77]

Before the 1996 deportation laws there were two steps that lawful permanent residents who were convicted of crimes had to go through. The first step was simply to determine whether or not the person was deportable. The second step reviewed the case to determine if that person should or shouldn't be deported.

Before the 1996 deportation laws the second step prevented many permanent residents from being deported by allowing for their cases to be reviewed in full before issuing deportations.

External factors were taken into consideration such as the effect deportation would have on a person's family members and a person's connections with their country of origin. Under this system permanent residents were able to be relieved of deportation if their situation deemed it unnecessary.

The 1996 laws however issued many deportations under the first step without ever arriving at the second step resulting in a great increase in the likelihood and frequency of permanent residents being subjected to deportation. One significant change that resulted from the new laws was the definition of the term aggravated felony.

Being convicted of a crime that is categorized as an aggravated felony results in mandatory detention and deportation. The new definition of aggravated felony includes simple convictions like shoplifting that would not be considered anything more than a misdemeanor in a lot of states. The new laws have categorized a much wider range of crimes under the term aggravated felony. The effect of this has been a large increase in permanent residents facing mandatory deportation from the United States without the opportunity to plea for relief. The 1996 deportation laws have received a lot of criticism for their curtailing of permanent resident's rights.^[77]
The USA Patriot Act[edit]

The USA Patriot Act was passed seven weeks after the terrorist attacks of September 11, 2001. The purpose of the act was to give the government more power to act against suspicious terrorist activity. The new governmental powers granted by this act included significant expansion in surveillance as well as a significant expansion in the range of conditions in which illegal immigrants could be deported from the United States based on suspicion of terrorist activity. The USA Patriot Act had a direct effect on deportations of immigrants from the United States. The new act gave the government the power to deport individuals based not on plots or acts of terrorism but simply on affiliations with certain organizations.

The Secretary of State designated specific organizations foreign terrorist organizationsbefore the USA Patriot Act was implemented.

Organizations on this list were deemed dangerous because they were actively involved in terrorist activity that threatened United States national security. The USA Patriot Act created a type of organization deemed designated organizations. The Secretary of State and Attorney General were given the power to designate any organization that supported terrorist activity on any level. The act also allows for penalization of an individual's involvement in undesignated organizations that were still deemed suspicious. ^[78]
Under the USA Patriot Act the Attorney General was granted the power to "certify" illegal immigrants based on the grounds that they pose a threat to national security. Once an illegal immigrant is certified they must be taken into custody and face mandatory detention which will result in a criminal charge or release. The USA Patriot Act has been criticized for violating the Fifth Amendment's right to due process. Under the USA Patriot Act an illegal immigrant is not granted the opportunity for a hearing before given certification. It is criticized in general for allowing mandatory detention of illegal immigrants on inadequate grounds. ^{[79]
http://en.wikipedia.org/wiki/Illegal..._United_States}

8 U.S. Code § 1231 - Detention and removal of aliens ordered removed

Current through Pub. L. 113-142, except 128.
(See Public Laws for the current Congress.)

• US Code
• Notes
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(a) Detention, release, and removal of aliens ordered removed
(1) Removal period
(A) In general Except as otherwise provided in this section, when an alien is ordered removed, the Attorney General shall remove the alien from the United States within a period of 90 days (in this section referred to as the “removal period”).

(B) Beginning of period
The removal period begins on the latest of the following:
(i) The date the order of removal becomes administratively final.
(ii) If the removal order is judicially reviewed and if a court orders a stay of the removal of the alien, the date of the court’s final order.
(iii) If the alien is detained or confined (except under an immigration process), the date the alien is released from detention or confinement.

(C) Suspension of period The removal period shall be extended beyond a period of 90 days and the alien may remain in detention during such extended period if the alien fails or refuses to make timely application in good faith for travel or other documents necessary to the alien’s departure or conspires or acts to prevent the alien’s removal subject to an order of removal.

(2) Detention
During the removal period, the Attorney General shall detain the alien. Under no circumstance during the removal period shall the Attorney General release an alien who has been found inadmissible under section 1182 (a)(2) or 1182 (a)(3)(B) of this title or deportable under section 1227 (a)(2) or 1227 (a)(4)(B) of this title.

(3) Supervision after 90-day period
If the alien does not leave or is not removed within the removal period, the alien, pending removal, shall be subject to supervision under regulations prescribed by the Attorney General. The regulations shall include provisions requiring the alien—
(A) to appear before an immigration officer periodically for identification;
(B) to submit, if necessary, to a medical and psychiatric examination at the expense of the United States Government;
(C) to give information under oath about the alien’s nationality, circumstances, habits, associations, and activities, and other information the Attorney General considers appropriate; and
(D) to obey reasonable written restrictions on the alien’s conduct or activities that the Attorney General prescribes for the alien.

(4) Aliens imprisoned, arrested, or on parole, supervised release, or probation
(A) In general Except as provided in section 259 (a) [1] of title 42 and paragraph (2), [2] the Attorney General may not remove an alien who is sentenced to imprisonment until the alien is released from imprisonment. Parole, supervised release, probation, or possibility of arrest or further imprisonment is not a reason to defer removal.

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

If you want anyone other than the now authorized federal agents to deport people you first have to get congress to change the current federal laws and then you have to change the law in the jurisdiction that they work for.

JD2, I think the point is not what the law says, the point is that the feds are not following the Constitution. If we agree that states should be able to catch and detain illegals (AZ SB 1070), then why not defy the feds in deportation as well? I totally understand your point and you are of course correct, but wouldn't it be nice if some governor really HAD put these illegals on a plane back to where they came from? What a great gesture against the feds that would be! I think we are all just looking for something to give us some hope here against a monolithic federal government that wants to overrun us with illegals to take our tax money, our jobs, etc, which is of course an effort to destroy the middle class.

A CITY already deported more Mexicans than any state ever has.

The city of Los Angeles for the illegal deportation of about 400,000 California citizens and residents of Mexican descent between 1929 and 1944.

And a county. (And they're both in CA.)

Southern Pacific Railroad and L.A. County also hopped on the deportation bandwagon, in some cases literally shipping their workers back across the border.

"L.A. County would target Mexican families that were on relief or on the charity list and they would recruit them to go to Mexico."

"speaking Spanish in classrooms was illegal and punishable by beatings,"


http://www.alipac.us/f12/l-ca-deport...1944-a-251562/

5/16/2011

http://www.alipac.us/f12/l-sheriff-l...d-guys-227176/


9/12/2013

http://www.alipac.us/f12/la-county-s...grants-287480/