What is Deportation Law?

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  • Written By: Renee Booker
  • Edited By: A. Joseph
  • Last Modified Date: 16 March 2020
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Each country determines whom it will allow to enter its borders and under what conditions they may enter. In most cases, a foreign-born national must possess at least a passport and visa in order to visit another country. When a foreign-born national illegally enters a country or stays beyond the time limit allowed by his or her visa, then deportation procedures might be initiated. Deportation procedures are part of the area of the law known as deportation law.

Deportation law will differ from one country to the next, but the basic premise remains the same. A country has the right to forcefully remove anyone from the country who does not have permission to be there. Foreign-born nationals often enter countries for vacation, for business or with the intention to make the new country home. As long as an individual has followed the proper procedures and has complied with all entry and visa requirements, then he or she should have no problems in the foreign country. If, however, an individual enters without permission, falsifies information to obtain a visa or does not leave when required by his or her visa, then that country's deportation law might come into effect.


Deportation law generally starts with an investigation into a foreign-born national's presence in the country. If the individual under investigation cannot provide evidence of his or her right to be in the country, then he or she might be arrested and charged with illegal entry or failure to leave as required by his or her original entry documents. At this point, a deportation attorney will generally be hired or appointed to represent the foreign-born national in an attempt to avoid deportation. A deportation attorney will attempt to find a reason under the deportation law of the country in question why the individual might be allowed to remain in the country. For instance, he or she might be entitled to amnesty, might qualify to remain because of a family or marital relationship or might be employed by a company that does business in the country.

If the deportation law in the country does not provide a legal reason for the individual to remain in the country, then he or she might agree to voluntary deportation or might be forcefully removed. If voluntary deportation is an option, then he or she will be able to leave the country peacefully and return to his or her home country. A forceful deportation often requires the individual to remain under arrest while being escorted back to his or her country of origin.


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