NCJ Number
44543
Date Published
1931
Length
183 pages
Annotation
THE 1931 LAWS CONCERNING DEPORTATION OF ALIENS ARE EXAMINED, THE ENTIRE DEPORTATION PROCESS IS ANALYZED, AND RECOMMENDATIONS FOR IMPROVEMENT OF OBJECTIONABLE FEATURES OF THE SYSTEM ARE PRESENTED.
Abstract
CONSIDERATIONS INVOLVED IN THE DEPORTATION OF ALIENS ARE DISCUSSED, INCLUDING REASONS FOR THE NECESSITY OF SUCH A SYSTEM (E.G., RIDDING THE COUNTRY OF UNDESIRABLE ALIENS, PROTECTING AMERICAN WORKMEN) AND BASIC HUMAN RIGHTS CONSIDERATIONS. AN OUTLINE OF THE 1931 DEPORTATION LAWS IS PRESENTED. WHO IS DEPORTABLE, TIME LIMITS FOR DEPORTATION, DISCRETION ALLOWED, CRIMINAL PENALTIES FOR ATTEMPTING ILLEGAL REENTRY, AND ACTUAL DEPORTATION PROCEDURES ARE ALL EXPLAINED. OPERATION OF THE SYSTEM IS DESCRIBED: PERSONNEL INVOLVED; METHODS OF APPREHENSION; AND DIFFICULTIES ENCOUNTERED, PARTICULARLY WHEN THE ALIEN HAS AMERICAN CHILDREN. THE DEPORTATION PROCEDURE IS OUTLINED, FROM ISSUANCE OF AN ARREST WARRANT THROUGH EXAMINATION, HEARING, AND VOLUNTARY OR PHYSICAL DEPORTATION. STATISTICS FROM THE PERIOD ON DEPORTEES ARE PRESENTED, SHOWING NUMBERS OF ALIENS DEPORTED AND CHARGES MADE AGAINST THEM. OBJECTIONABLE FEATURES OF THE SYSTEM ARE DISCUSSED, WITH CAUSES OF THESE PROBLEMS AND SUGGESTED REMEDIES. AMONG THESE ARE ILLEGAL SEARCHES AND SEIZURES; INQUISITORIAL EXAMINATIONS MADE OF ALIENS; LACK OF THE CUSTOMARY SAFEGUARDS OF PRISONERS' RIGHTS; THE DESPOTIC POWERS OF THE ADMINISTRATIVE AGENCY; AND THE LACK OF DISCRETION ALLOWED THE DEPARTMENT OF LABOR TO PREVENT UNNECESSARY HARDSHIP AND SUFFERING, PARTICULARLY TO AMERICAN CITIZENS WHO ARE MEMBERS OF THE ALIEN'S FAMILY. DEFECTS IN THE MACHINERY OF ENFORCEMENT, SUCH AS INSUFFICIENT FIELD PERSONNEL AND LACK OF ADEQUATE TRAINING, ARE ALSO CONSIDERED, AND RECOMMENDATIONS GIVEN.