deportation

Deportation, however severe its consequences, has been consistently classified as a civil rather than a criminal procedure.

In Roman law. A perpetual banishment, depriving th6 banished of his rights as a citizen. It differed from "relegation" {q. v.) and "exile" (g. v.) 1 Brown, Civ. Law, 125, note; Inst. 1. 12. 1. 2; Dig. 48. 22. 14. 1. In English law the word referred to sentences to servitude in penal colonies. In American law the word usually re-

In Roman Law. A perpetual banishment, depriving the banished of his rights as a citizen: it differed from relegation (q. v.) and exile (q. v.). 1 Bro. Civ. Law, 125, n.; Inst. 1. 12. 1; Dig. 48. 22. 14. 1. In Modern Law. "The removal of an alien out of the country, simply because his presence is deemed inconsistent with the public welfare, and without any punishment being imposed or contemplated, either under the laws of the country out of which he is sent, or under those of the country to which he is taken." Fong Yue Ting v. U. S., 149 U. S. 709, 13 Sup. Ct. 1016, 37 L. Ed. 905. It differs from transportation (q. v.), which is by way of punishment of one convicted of an offence against the laws of the country; and from extradition (q. v.), which is the surrender to another country of one accused of an offence against its laws, there to be tried, and, if found guilty, punished; id. It is not a criminal proceeding; U. S. v. Hing Quong Chow, 53 Fed. 233. The right of a nation to expel or deport foreigners who have not been naturalized or taken any steps towards becoming citizens of the country, rests upon the same grounds, and is as absolute and unqualified as the right to prohibit and prevent their entrance into the country; Fong Yue Ting v. U. S., 149 U. S. 69S, 13 Sup. Ct. 1016, 37 L. Ed. 905, which holds, by a divided court, that this right exists even though such persons be subjects of a friendly power and have acquired a domicile in this country. This case follows Vattel, Law of Nations § 230; Or- None of the guaranties of the United States constitution, first amendment, respecting freedom to worship, speak, publish or petition, are infringed by the immigration act of March 3, 1903, for the exclusion and deportation of alien anarchists; U. S. v. Williams, 194 U. S. 279, 24 Sup. Ct. 719, 48 L. Ed. 979. So the child of an alien, bora abroad, whose father afterwards comes here and is naturalized, can be excluded and deported if found to be suffering from a contagious disease; Zartariau v. Billings, 204 U. S. 170, 27 Sup. Ct. 182, 51 L. Ed. 428. Deportation is an inherent sovereign power; Tiaco v. Forbes, 228 U. S. 540, 33 Sup. Ct. 585, 57 L. Ed.. Congress has the power to deport aliens whose presence is deemed hurtful, and this applies to prostitutes, regardless of how long they have been here; Bugajewitz v. Adams, 228 U. S. 585, 33 Sup. Ct. 607, 57 L. Ed.. In England, the only question has been whether deportation could be exercised by the king without the consent of parliament. It was formerly exercised by the king, but in later times by parliament. See 2 Inst. 57; 1 Bla. Com. 260; 6 Law Quart. Rev. 27. A British colonial governor has exercised it; 1 Moore, P. C. 460. See App. Cas. (1891) 272. Congress may exercise the power through the executive, or may call in the judiciary to ascertain contested facts; Fong You Ting v. U. S., 149 U. S. 69S, 13 Sup. Ct. 1016, 37 L. Ed. 905. See Alien-Labor; Anarchist; Chinese; Citizen; Naturalization; Renvoi. Under the act of August 18, 1894, the decision of the secretary of commerce of the right of a person of Chinese descent to enter the United. States is conclusive on the federal courts, though citizenship, and not domicil, is the ground on which the right of entry is claimed; U. S. v. Ju Toy, 198 U. S. 253, 25 Sup. Ct. 644, 49 L. Ed. 1040. If he enters unlawfully, he may be deported by the secretary of commerce; Prentis v. Seu Leung, 203 Fed. 25, 121 C. C. A. 389. "Moral turpitude," as ground of exclusion of an alien, means an act of baseness, vileness or depravity in the private and social duties which one owes to society, and as applied to offences includes only such crimes as manifest personal depravity or baseness; U. S. v. Uhl, 203 Fed. 152; publishing a criminal libel against King George V, of which the person seeking entrance had been convicted and sentenced to one year's imprisonment in England is not ground of exclusion; id., affirmed, U. S. v. Uhl, 210 Fed. 860.

Banishment to a foreign country, attended with confiscation of property and deprivation of civll rights. A punishment derived from the deportatio (q. v.) of the Roman law, and still in use in France.

In Roman law. A perpetual banishment, depriving the banished of his rights as a citizen; it differed from relegation (q. v.) and exile, (q. v.) 1 Brown, Civil & Adm. Law, 125, note; Inst 1, 12, 1, and 2; Dig. 48, 22, 14, 1.

In American law. The removal or sending back of an alien to the country from which he came, as a measure of national police and without any implication of punishment or penalty. "Transportation," "extradition," and "deportation," although each has the effect of removing a person from a country, are different things and for different purposes. Transportation is by way of punishment of one convicted of an offense against the laws of the country; extradition is the surrender to another country of one accused of an offense against its laws, there to be tried and punisned if found guilty. Deportation is the removing of an alien out of the country simply because his presence is deemed inconsistent with the public welfare, and without any punishment being imposed or contemplated, either under the laws of the country out of which he is sent, or under those of the country to which he is taken. Fong Yue Ting v. U. S.. 149 U. S. 698, 13 Sup. Ct 1016, 37 In Ed. 905.

Banishment to a foreign country, attended with confiscation of property and deprivation of civil rights.

Banishment to a foreign country, attended with confiscation of property and deprivation of civil rights, A punishment derived from the deporitatio (q. v.) of the Roman law, and still in use in France.

In Roman law. A_ perpetual lnanishment, depriving the banished of his rights as a citizen; it differed from relegation (q. v.) and exile, (q. v.) 1 Brown, Civil & Adm. Law, 125, note; Inst. 1, 12, 1, and 2; Dig. 48, 22, 14, 1.

Fr. <fe Eng. Banishment to a foreign country, attended with confiscation of property and deprivation of civil rights. A punishment derived from the deportatio (q. v.) of the Roman law; and still in use in France. Encyclop. Amer,

civil law, was his rights as a citizen; it differed from relegation, (q. v.) and exile, (q- v-) 1 Bro. Civ. Law, 125 note; Inst. 1,12, l and 2; Dig. 48, 22, 14, 1.