Deportation (Repatriation)

History

Since the United States was formed in 1776, the nation has been through 40 economic recessions/panics, including two major depressions: the Depression of 1920 to 1921 and the Great Depression of 1929 to 1937. Economic problems do not directly drive the formation and refinement of immigration law, but negative public opinion and immigrant scapegoating in times of economic duress have made deportation a putative means of addressing the “immigration problem.” Historically, deportation has been used to control the race and nationality, political beliefs, criminality, and possible public welfare consequences of accepting individuals and groups. In the 20th century, in response to social pressures, the U.S. deportation bureaucracy has developed an additional purpose, which law professor Daniel Kanstroom views as a mechanism of post-entry social control of immigration. In the 21st century, the immigration status of undocumented aliens, including permanent resident aliens, has been increasingly subject to criminalization. Beyond the civil offense of unlawful first-time entry, the commission of specified criminal offenses is becoming a major ground for deportation.

In North America, the use of deportation to shape a colonial population began with a mid-18th-century British political decision to deport Acadians, a French population, after they took control of Nova Scotia. Many Acadians came to the United States, among other destinations. The decade of the 1790s was marked by a three-year economic downturn (the Panic of 1797–99). Responding to public concern about the economy and allowing more people to immigrate, including Acadians, the U.S. Congress passed the Alien Enemies Act in 1798, which specified that “all natives, citizens, denizens or subjects of a hostile nation … shall be liable to be apprehended, restrained, secured, and removed, as alien enemies.” The 1798 Alien Friends Act broadened the president's authority to expel noncitizens perceived to endanger peace and safety or to have engaged in treasonable activity in the United States. The Alien Enemies Act and the Alien Friends Act established many of the basic principles of deportation.

There was no requirement that an order of removal be based on a specific finding; any burden of proof, including that of citizenship, was [Page 682]the alien's responsibility upon receiving a removal order. All aliens were required to have a government permit. Anyone returning to the United States after removal was subject to criminal prosecution and permanent exclusion from attaining U.S. citizenship. Subsequent to passage of these laws, many French left the United States, some returning to postrevolutionary France.

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