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Deportation of Afghan immigrants from the United States typically refers to the forced repatriation of Afghans who are convicted of crimes in the United States and are not American citizens.
The earliest Afghan immigrant in deportation proceedings has been reported in 1945. The immigration officials suspended (cancelled) his deportation, which allowed him to remain in the United States with his American family. [1] Another Afghan immigrant was placed in deportation proceedings in the early 1950s. [2]
Afghanistan began to experience a great turmoil in the 1970s, [3] [4] [5] [6] which resulted in a mass exodus of its citizens. These people were first admitted to neighboring Pakistan and Iran as refugees escaping from: (1) totalitarianism and genocide orchestrated by the communist People's Democratic Party of Afghanistan (PDPA); and (2) political repression of the mujahideen, who were engaged in a guerrilla warfare with the PDPA. [7] [8] [9] Pakistan and Iran do not provide citizenship or permanent residency to Afghan refugees. [10] [11] In 1980, Congress and the Carter administration enacted the Refugee Act, which approved 50,000 international refugees to be firmly resettled in the United States each year. [12]
Each year (from 1980 onward) groups of Afghan refugee families lawfully entered the United States. These families were issued by the U.S. Department of State special travel documents. At least one such family entered with fraudulent documents and applied for asylum in the United States. [13] These immigrant families were firmly resettled all across the United States but mainly in and around New York City followed by in California, Virginia, Texas, Georgia, Pennsylvania, Florida and elsewhere.
About Afghan-Americans, Cato Institute stated:
Afghan immigrants aged 18–54 in the United States were incarcerated at a rate of 127 per 100,000 Afghan immigrants in 2017. By comparison, native‐born Americans in the same age range were incarcerated at a rate of 1,477 per 100,000 native‐born Americans. In other words, native‐born Americans were about 11.6 times as likely to be incarcerated as Afghan immigrants. Afghans don’t pose much of a serious criminal threat in the United States. [14]
— Alex Nowrasteh, August 2021
Although Afghanistan and the United States have no repatriation agreement, [15] approximately 378 people from the United States have been expelled, returned or extradited to Afghanistan between November 2002 and January 2016. At least 225 had no criminal conviction. [16]
According to Fox News , "ICE deported more than 200 people from the U.S. to Afghanistan" in the last decade. [17] These people were Afghan refugees and asylum seekers, including Afghan-Americans who have been convicted of a common crime in the United States. Some may have been wrongfully deported. [18] [19] [20] [21] [22] "Recent data suggests that in 2010 well over 4,000 U.S. citizens were detained or deported as aliens[.]" [23] [24]
Immigration to the United States has been a major source of population growth and cultural change throughout much of its history. In absolute numbers, the United States has by far the highest number of immigrant population in the world, with 50,661,149 people as of 2019. This represents 19.1% of the 244 million international migrants worldwide, and 14.4% of the United States' population. In 2018, there were almost 90 million immigrants and U.S.-born children of immigrants in the United States, accounting for 28% of the overall U.S. population.
Since 1945, immigration to the United Kingdom, controlled by British immigration law and to an extent by British nationality law, has been significant, in particular from the Republic of Ireland and from the former British Empire, especially India, Bangladesh, Pakistan, the Caribbean, South Africa, Nigeria, Ghana, Kenya, and Hong Kong. Since the accession of the UK to the European Communities in the 1970s and the creation of the EU in the early 1990s, immigrants relocated from member states of the European Union, exercising one of the European Union's Four Freedoms. In 2021, since Brexit came into effect, previous EU citizenship's right to newly move to and reside in the UK on a permanent basis does not apply anymore. A smaller number have come as asylum seekers seeking protection as refugees under the United Nations 1951 Refugee Convention.
Immigration detention is the policy of holding individuals suspected of visa violations, illegal entry or unauthorized arrival, as well as those subject to deportation and removal until a decision is made by immigration authorities to grant a visa and release them into the community, or to repatriate them to their country of departure. Mandatory detention refers to the practice of compulsorily detaining or imprisoning people seeking political asylum, or who are considered to be illegal immigrants or unauthorized arrivals into a country. Some countries have set a maximum period of detention, while others permit indefinite detention.
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 made major changes to the Immigration and Nationality Act (INA). IIRIRA's changes became effective on April 1, 1997.
Afghan refugees are citizens of Afghanistan who were forced to flee their country as a result of wars, persecution, torture or genocide. The 1978 Saur Revolution followed by the 1979 Soviet invasion marked the first major wave of internal displacement and international migration to neighboring Iran and Pakistan; smaller numbers also went to India or to countries of the former Soviet Union. Between 1979 and 1992, more than 20% of Afghanistan's population fled the country as refugees. Following the Soviet withdrawal in 1989, many returned to Afghanistan, however many Afghans were again forced to flee during the civil war in the 90s. Over 6 million Afghan refugees were residing in Iran and Pakistan by 2000. Most refugees returned to Afghanistan following the 2001 United States invasion and overthrow of the Taliban regime. Between 2002 and 2012, 5.7 million refugees returned to Afghanistan, increasing the country's population by 25%.
Canadian immigration and refugee law concerns the area of law related to the admission of foreign nationals into Canada, their rights and responsibilities once admitted, and the conditions of their removal. The primary law on these matters is in the Immigration and Refugee Protection Act, whose goals include economic growth, family reunification, and compliance with humanitarian treaties.
Administrative detention is arrest and detention of individuals by the state without trial. A number of jurisdictions claim that it is done for security reasons. Many countries claim to use administrative detention as a means to combat terrorism or rebellion, to control illegal immigration, or to otherwise protect the ruling regime.
Illegal immigration is the migration of people into a country in violation of that country's immigration laws, or the continuous residence in a country without the legal right to. Illegal immigration tends to be financially upward, from poorer to richer countries. Illegal residence in another country creates the risk of detention, deportation, and/or other sanctions.
The United States recognizes the right of asylum for individuals seeking protections from persecution, as specified by international and federal law. People who seek protection while outside the U.S. are termed refugees, while people who seek protection from inside the U.S. are termed asylum seekers. Those who are granted asylum are termed asylees.
Afghan Americans are Americans of Afghan descent or Americans who originated from Afghanistan. They form the largest Afghan community in North America with the second being Afghan Canadians. Afghan Americans may originate from any ethnic groups of Afghanistan. They have long been classified by the Board of Immigration Appeals and the United States Census Bureau as being considered white, but a significant number of individuals may also identify themselves as Middle Eastern or as Asian Americans, or even as "Central Asian" or "South Asian".
Northwest Immigrant Rights Project (NWIRP) is a non-profit legal services organization in Washington state. NWIRP's mission is to promote justice by defending and advancing the rights of immigrants through direct legal services, systemic advocacy, and community education.
Immigration Equality is a United States nonprofit organization founded in 1994. Based in New York, it both advocates for and directly represents LGBTQ and HIV-positive people in the immigration system.
The United States government holds tens of thousands of immigrants in detention under the control of Customs and Border Protection and the Immigration and Customs Enforcement (ICE). Immigrants are detained for unlawful entry to the United States, when their claims for asylum are received, and in the process of deportation and removal from the country. During Fiscal Year 2018, 396,448 people were booked into ICE custody: 242,778 of whom were detained by CBP and 153,670 by ICE's own enforcement operations. A daily average of 42,188 immigrants were held by ICE in that year. In addition, over twelve thousand immigrant children are housed by facilities under the supervision of the Office of Refugee Resettlement's program for Unaccompanied Alien Children. Prior to referral to these other agencies, the CBP holds immigrants at processing centers; between mid-May and mid-June 2019, it held between 14,000 and 18,000 immigrants.
Afghan diaspora refers to the Afghan people that reside and work outside of Afghanistan. They include natives and citizens of Afghanistan who have immigrated to other countries. The majority of the diaspora has been formed by Afghan refugees since the start of the Soviet–Afghan War in 1979; the largest numbers temporarily reside in Iran and Pakistan. As stateless refugees or asylum seekers, they are protected by the well-established non-refoulement principle and the U.N. Convention Against Torture. The ones having at least one American parent are further protected by United States laws.
African immigration to Israel is the international movement to Israel from Africa of people that are not natives or do not possess Israeli citizenship in order to settle or reside there. This phenomenon began in the second half of the 2000s, when a large number of people from Africa entered Israel, mainly through the then-lightly fenced border between Israel and Egypt in the Sinai Peninsula. According to the data of the Israeli Interior Ministry, 26,635 people arrived illegally in this way by July 2010, and over 55,000 by January 2012. In an attempt to curb the influx, Israel constructed the Egypt–Israel barrier. Since its completion in December 2013, the barrier has almost completely stopped the immigration of Africans into Israel across the Sinai border.
Immigration policy, including illegal immigration to the United States, was a signature issue of former U.S. president Donald Trump's presidential campaign, and his proposed reforms and remarks about this issue generated much publicity. Trump has repeatedly said that illegal immigrants are criminals.
Deportation of Americans from the United States is the wrongful expulsion, return or extradition of Americans to other countries, often after being convicted of a crime. These individuals in removal proceedings include Americans by birth and legal immigrants that were naturalized under 8 U.S.C. § 1427 or admitted as nationals of the United States under the Child Citizenship Act of 2000. A U.S. citizen cannot legally be deported, and thus can return to the United States at any time.
Department of Homeland Security v. Thuraissigiam, 591 U.S. ___ (2020), was a United States Supreme Court case involving whether the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which limits habeas corpus judicial review of the decisions of immigration officers, violates the Suspension Clause of Article One of the U.S. Constitution. In the 7–2 opinion, the Court ruled that the law does not violate the Suspension Clause.
Federal policy oversees and regulates immigration to the United States and citizenship of the United States. The United States Congress has authority over immigration policy in the United States, and it delegates enforcement to the Department of Homeland Security. Historically, the United States went through a period of loose immigration policy in the early-19th century followed by a period of strict immigration policy in the late-19th and early-20th centuries. Policy areas related to the immigration process include visa policy, asylum policy, and naturalization policy. Policy areas related to illegal immigration include deferral policy and removal policy.
The state of Texas has a long history of immigration and immigration policy. The region that is now Texas was originally home to several Native American tribes. The first European immigrants arrived in the 1600s when the land was colonized by the French and the Spanish. Financial incentives created by the Mexican government brought many immigrants to Mexican Texas in the 1820s, mostly from slaveholding areas in the southern United States. This continued as significant illegal immigration to Mexico after 1830, when American migrants were banned.
This article in most part is based on law of the United States, including statutory and published case law.
Afghanistan is a totalitarian state under the control of the [People's Democratic Party of Afghanistan], which is kept in power by the Soviet Union.
We further find, however, that the past persecution suffered by the applicant was so severe that his asylum application should be granted notwithstanding the change of circumstances.
The circumstance of dual nationality is not specifically addressed in section 101(a)(42) of the Act. The legislative history of the provision affords some guidance, however.
