Section 237(a)(1) of the Immigration and Nationality Act (INA) provides the legal justification for deportation orders resulting from an individual's inadmissibility at time of entry, adjustment in status or a violation of status (United States 6 Mar. 2003). A breach of Section 237(a)(1)(B) designates that an alien who was found to be "present in the United States in violation" of the INA, or another law of the United States, is deportable (ibid.).

The deportation process is detailed in Section 240 of the INA, which specifies the proceedings and their conduct, the decision making process and the burden of proof required for the removal of aliens from US jurisdiction (ibid.). This section specifies that aliens are deportable if they fall within one or more of the deportation classes outlined in Section 237(a) of the INA and in United States Code (USC) Title 8, Section 1227 (ibid. 21 Aug. 2002). These classes include those who: violated their status, committed a criminal offence, failed to register or provided false documents, engaged in activities violating national security, were caused to fall under public charge, or voted unlawfully (ibid.,; ibid. 6 Mar. 2003, Sec. 237(a)(1)-237(a)(6)).

Those who are issued a removal order under Section 240 and depart the United States are inadmissible for re-admittance to the United States for 10 years (ibid., Sec. 212(a)(9)(A)(ii)(I); Immigration News Monthly 1 July 2002; INDOlink 27 Dec. 2000). A legal opinion published by a US immigration attorney noted that lawful permanent residents, minors, persons with "bona fide" asylum applications and battered spouses and children may be exempt from the 10-year bar on re-entry (ibid.). In addition, two opinions refer to Section 212(a)(9)(B)(v) of the INA which notes that the 10-year bar for spouses and children may be waived in cases falling within the family unity protection criteria of Section 301 (ibid.; Immigration News Monthly 1 July 2002).

The deportation order might also be waived should an individual's case fall within one of the following situations outlined by Section 237(a)(1):

- an individual's involvement in human smuggling was endeavoured to smuggle the alien's spouse, parent or child (United States 6 Mar. 2003, Sec. 237(a)(1)(E)(iii));

- where fraud, misrepresentation or fraudulent documents are used to gain entitlement for children or spouses to immigration visas (ibid., Secs. 237(a)(1)(H)(ii), 237(a)(3)(C)(ii));

- an individual deemed deportable because of a criminal offence obtains a full and unconditional pardon (ibid., Sec. 237(a)(2)(A)(v));

- in some cases of domestic abuse where the alien was not the primary perpetrator of violence, but was "battered or subjected to extreme cruelty" (ibid., Sec. 237(1)(7)(A)).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

Immigration News Monthly. July 2002. Carl Baldwin. "Question about Readmission after Deportation." http://www.immigrationnewsmonthly.com/index.shtm [Accessed 26 May 2003]

INDOLink. 27 December 2000. Sonya & Carl Shusterman. "245(i) and Three & Ten-Year Bars to Admissibility." http://www.indolink.com/Law/faq245i.html [Accessed 27 May 2003]

United States. 6 March 2003. Immigration and Nationality Act. http://www.immigration.gov/graphics/lawsregs/INA.htm [Accessed 26 May 2003]

_____. 21 August 2002 US. Code Collection. "Title 8 - Aliens and Nationality: Section 1227 - Deportable Aliens." (Cornell Law School, Legal Information Institute) http://www4.law.cornell.edu/uscode/8/1227.html [Accessed 26 May 2003]

Internet sites, including:

Bureau of Citizenship and Immigration Services

Chapman Law Firm, US Immigration Law

Cornell Law School, Legal Information Network

Emory Law School

Immigration Portal

Nolo, Law for All