Deportation of Americans from the United States is the wrongful[1] expulsion, return or extradition of Americans to other countries, often after being convicted of a crime.[2][3][4][5] 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.[6][7][8][9][10][11][12] A U.S. citizen cannot legally be deported, and thus can return to the United States at any time.[13][14]
Some have been placed in immigration detention centers to be deported but were later released.[15][16][17] "Recent data suggests that in 2010 well over 4,000 U.S. citizens were detained or deported as aliens".[18][19]
Under 8 CFR 239.2, any officer mentioned in 8 CFR 239.1 may at any time, inter alia, cancel a "notice to appear" against any person who: (1) turns out to be a national of the United States; or (2) one that is not removable under the Immigration and Nationality Act (INA). And under 8 CFR 1239.2, any Immigration Judge may terminate the removal proceeding of any person who turns out to be a national of the United States or one that is not removable under the INA.[20] A "notice to appear" that contains material false information (and/or omits a material fact) legally makes the entire removal proceeding void ab initio.
A forceful and illegal deportation from the United States entitles the victim to seek judicial relief. The relief may include a declaratory judgment with an injunction issued against the Attorney General or the Secretary of Homeland Security requesting appropriate immigration benefits and/or damages under the Federal Tort Claims Act (FTCA) as well as under Bivens v. Six Unknown Named Agents.[13]
A number of Americans have been placed in immigration detention centers to be deported but were later released.[15][16] Up to one percent of all those detained in immigration detention centers are nationals of the United States according to research by Jacqueline Stevens, a professor of political science at Northwestern University.[21]
The following is an incomplete list of Americans who have actually experienced deportation from the United States:
A citizen trapped in the system.
Hundreds targeted each year despite documents, claims, court data show
Dozens of Americans have been locked up or thrown out over past 8 years
Although the INS appears to have taken the position that the act is not retroactive, the language of the CCA's and Congress' intent have not yet been universally determined, and there may still be room for individuals to continue arguing in favor of its retroactive application....
But what he's most looking forward to is getting a passport. Once the danger of the coronavirus pandemic subsides, he'll be on a plane. He'll even go back to Cambodia, just to remember and reflect on what he's been through.
Man also will lose his U.S. citizenship
Immigration judges may dismiss or terminate removal proceedings only under the circumstances expressly identified in the regulations, see 8 C.F.R. § 1239.2(c), (f), or where the Department of Homeland Security fails to sustain the charges of removability against a respondent, see 8 C.F.R. § 1240.12(c).