Thread: Formal Deportation vs Voluntary Departure

I'm trying to understand the difference between the two. Can you help me?

I think that with formal deportation, in which maybe 160,000 or so people were deported from the USA in 2005 (I believe) it applies to felons and people who are dangerous. If they try to re-enter the USA, they are technically subject to criminal charges for re-entering the country. Is that correct?

If someone is given voluntary departure, usually for Mexicans because they directly border us, these are people who were found to be in the U.S. illegally, maybe working illegally, and didn't commit a felony. They are driven by bus usually and dumped over the border. Don't know how many thousands have received this in the past year.

Anyway, with this type of departure, if they were to illegally re-enter the USA, unless they committed a felony the second time they came, they can't be criminally charged for illegal re-entry, right? This is where I'm confused.

Can someone help me to understand how illegal re-entry works, and who can be criminally charged? I know that many people enter our country multiple times illegally, and nothing is done to them (but a busride back to Mexico.) How is the law supposed to work? Thanks!

Ostrich

Here is the response I gave on another thread related to the topic:

Are we playing the word game now? Formal deportation, forced deportation, required deportation, voluntary deportation, etc. IMO, volunatry deportation is nothing more than a watered down version of amnesty. Anything that offers forgiveness vice prosecution of a crime should be considered an amnesty. For example, when a police officers gives you a warning for a busted tail light, he is giving you an amnesty for your crime. Voluntary deportation is an AMNESTY in the true since of the word.

Formal deportation on the other hand is basically a probation, not an amnesty. In the case of formal deportation the crime of illegal immigration has been acknowledged and well documented and the guilty part is physical removed from the country. Furthermore, the individual is not allowed to apply for legal re-entry for 10 years.

I am of the opinion all illegal immigrants should receive formal (their word) deportation. There should be no such thing as "voluntary deportation" in the legal sense. The only time the term "voluntary deportation" should come into play is when the individual deports his or herself without being directed to do so by law enforcement officials.

To my knowledge, any illegal immigrant caught re-entering the United States a second time is guilty of a felony. My question is, why aren't these repeat offenders being prosecuted for a felony? In most case, minus the conviction of a violent crime, they are just being deported again. It's a continuous cycle that ends up costing us more money in the long run. We should build tent city prisons on the border and sentence every repeat offender to a minimum of 6 months in the tent city prison. I know this has been suggested before, but it is worth repeating - these folks can be used to help construct fences, barriers, etc.

I think it's a matter of the ten year period that gets hung on persons we have to deport. Formal deportation through court carries a period of ten years that a deportee may not even apply for entry to the US. Voluntary deportation is like a plea bargain and doesn't carry the ten year wait. Both classes of deportees would be committing a felony re-entering illegally. afaik

Thank you for the reply. It sounds like anyone who re-enters the USA illegally a second time or more is guilty of a felony. The difference between the two types of deportation is that the "formal" cannot reapply to come back legally for 10 years, while those who voluntarily deport could technically return to apply legally (if they were qualified to do so...many people from third world countries don't get permission in the first place to come here legally, which is why they're trying the illegal route.) So, like you said, a voluntary deportation is like a strike against you (you're counted as having come across the border one time illegally) but there's no additional penalties.

Jail/detention space is the big problem...the tents would cause too many lawsuits, although personally I like the idea. Old unused military bases with barracks would make good detention facilities, though.

Ostrich

And thank you, LoservilleLabor.

Is your town really called Loserville? Or is it a joke? Sorry, I meant to ask that a long time ago, but I felt kinda stupid asking.

Ostrich

The name reflects the tremendous loss in manufacturing we have undergone here in north central KY, and are still seeing. The fastest growing occupations in our new "service" economy don't pay enough to rent an apartment. We are also known as Derby city.