[DRAFT] Deportation Proceedings

[Princess Rainbow Sparkles]

Deportation Proceedings

~*~*~*~ Civil Rights/Significant ~*~*~*~

The World Assembly:

Aware that Member Nations often use deportation to enforce immigration and naturalization laws,

Noting that the World Assembly has protected the rights of individuals facing even minor criminal sanctions, and

Conscious that the consequences of deportation can be life-altering for the individuals and families affected.

Therefore seeing fit to provide basic protections to those facing deportation, the General Assembly resolves as follows:

Article I: Definitions

1. Deportation is the forced removal of a person from the territory of a nation without the immediate right to return.
2. Voluntary leaving is the non-forcible removal of a person from the territory of a nation, by agreement of the person, without the immediate right to return.
3. Summary deportation is deportation, as defined above, executed by an authority without notice or attendant legal rights.

Article II: Proceedings Generally Enjoyed
Except where summary deportation is authorized (discussed below), Member Nations shall provide every person facing deportation with the following:

1. A statement of the reason for the deportation, with a citation to the applicable law authorizing the deportation.
2. A reasonable opportunity to be heard prior to deportation by a fair and unbiased arbiter who is authorized to provide relief from deportation - including a reasonable time in which to plead their case for why they should not be deported.
3. Legal assistance, such as a lawyer or other person qualified to competently assist people with issues surrounding deportation, to help them identify and present the legitimate deportation claims and defenses that may apply.
4. Notice of the place the person will be deported to, the approximate time they will be discharged there, and - except where legitimate security concerns demand otherwise - a reasonable time in which to contact friends, family, or others who may be able to assist them upon discharge.
5. A safe place of discharge, and not a place where they would be at imminent risk of death, torture, slavery, grave bodily harm, or sexual abuse.

Article III: Non-Exclusivity
The proceedings generally enjoyed that are listed above are not exclusive. Member Nations are encouraged to provide greater protections they deem appropriate. Member Nations may also expand the protections through further action by this Assembly.

Article IV: Regulation of Summary Deportation
Summary deportation of a person without the proceedings generally enjoyed is permitted under the following circumstances:

1. If the person agrees to voluntarily leave, in writing signed by the person, after being advised of the right to a hearing and without duress or coercion.
2. If the person has previously been subject to deportation under the standards set by this resolution, or has previously agreed to voluntarily leave, and has unlawfully returned.
3. If the person takes advantage of any part of the proceedings generally enjoyed as an opportunity to commit violent crime or harm others.
4. In times of war or armed conflict, as necessary to achieve a critical national security objective that could not otherwise be obtained.

[Princess Rainbow Sparkles]

I know I have a couple other drafts circulating but I wanted to throw this one out there as well. Thoughts on potential additions and improvements are particularly welcome for this draft.

[Tinhampton]

Why is Article III, instead of an additional clarification in Article II that members "provide every person facing deportation with at least the following" protections, necessary?

Your prefatory claim that "the consequences of deportation can life-altering" is missing a word.

[Princess Rainbow Sparkles]

Why is Article III, instead of an additional clarification in Article II that members "provide every person facing deportation with at least the following" protections, necessary?

Your prefatory claim that "the consequences of deportation can life-altering" is missing a word.

Good catch. This was a bit rougher of a rough draft than I usually produce because I sort of expect there may be a lot of feedback.

It may be that Article III is wholly unnecessary.

[Separatist Peoples]

"A minor concern, because the substance of this seems unobjectionable. II.b requires we give deportees the opportunity to plea their case separate from raising legal defenses. In systems where there exists no inquiry into the equity of deportation proceedings, this appears to build in a material inefficiency that provides little benefit. The clause could probably stop after 'defenses.'

"I would like to clarify II.e: does the safety requirement extend to merely the disembarkment site or do nations need to consider broader risks in the geopolitical space?"

[Imperium Anglorum]

What are your thoughts on border controls during public health crises?

[Princess Rainbow Sparkles]

"A minor concern, because the substance of this seems unobjectionable. II.b requires we give deportees the opportunity to plea their case separate from raising legal defenses. In systems where there exists no inquiry into the equity of deportation proceedings, this appears to build in a material inefficiency that provides little benefit. The clause could probably stop after 'defenses.'

"I would like to clarify II.e: does the safety requirement extend to merely the disembarkment site or do nations need to consider broader risks in the geopolitical space?"

I hadn't meant for there to be multiple proceedings, just one omnibus hearing. I've cleaned that up summarily.

I just thought deportees deserve a codified right to a safe immediate location of discharge. I considered whether to require deportees be sent to their nation of origin (if known) but thought better of it. I don't think many member nations would drop someone off in the middle of a desert or on top of a very tall mountain or in a non-member nation where they will likely immediately be enslaved, but figured better safe than sorry on that. I included "imminent" specifically so that member nations could fulfil their duty by ensuring that there was no danger at the time and place of discharge, but not be somehow expected to render the place (or country!) of discharge permanently safe forever. This struck me as a reasonable provision for our world, allowing deportees to be deported to any safe place as member nations may determine is appropriate under their national law.

I do wonder whether there a provision for return to nation of origin upon request of the deportee would be appropriate, and whether expanding my list of horribles to include any place where the person was imminently threatened with any other treatment that violative of WA law. There's still work to be done there, I think.

What are your thoughts on border controls during public health crises?

Certainly open to suggestion. My initial thought is that member nations should be largely free to address it nationally. Both prohibiting deportation during public health crises and allowing summary deportation during public health crises seem simultaneously reasonable and problematic. My initial thought is that it would be better to require general proceedings for such cases. Let a deportee argue why they should not be deported during a public health crises, and let the arbiter figure out how to handle that situation as per national law on the subject. Although given the moment I am wondering whether a stay of deportation while hospitalized, gravely ill, or suffering from a contagious communicable disease might be an appropriate addition. Thoughts?

[Comfed]

Re: Article IV (a) - the effect of this is to ensure that people deported under standards preceding the passage of this resolution can be summarily deported if they return despite possibly not having ever had a hearing.

[Princess Rainbow Sparkles]

Re: Article IV (a) - the effect of this is to ensure that people deported under standards preceding the passage of this resolution can be summarily deported if they return despite possibly not having ever had a hearing.

Thank you for pointing out the lack of clarity in the draft.

Article IV(a) only applies to voluntary leaving, which is defined. Forced deportations prior to the passage of this resolution would not be voluntary leavings.

The intent of Article IV(b) is to ensure that people once deported under the standards set by this resolution or who voluntarily agree to leave can be summarily deported without further hearing if they return unlawfully.

I have made minor adjustment to Article IV(b) to make that clear. Since it is merely a clarification of what was originally intended, and not a substantial change to what is proposed, I didn't bother with a brand new draft.

[Comfed]

Re: Article IV (a) - the effect of this is to ensure that people deported under standards preceding the passage of this resolution can be summarily deported if they return despite possibly not having ever had a hearing.

Thank you for pointing out the lack of clarity in the draft.

Article IV(a) only applies to voluntary leaving, which is defined. Forced deportations prior to the passage of this resolution would not be voluntary leavings.

The intent of Article IV(b) is to ensure that people once deported under the standards set by this resolution or who voluntarily agree to leave can be summarily deported without further hearing if they return unlawfully.

I have made minor adjustment to Article IV(b) to make that clear. Since it is merely a clarification of what was originally intended, and not a substantial change to what is proposed, I didn't bother with a brand new draft.

Yeah sorry, I meant IV(b) but I typed IV(a) >.> I have no problem with IV(a).