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
- Deportation is the forced removal of a person from the territory of a nation without the immediate right to return.
- 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.
- 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:Article III: Non-Exclusivity
- A statement of the reason for the deportation, with a citation to the applicable law authorizing the deportation.
- 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.
- 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.
- 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.
- 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.
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:
- 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.
- 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.
- If the person takes advantage of any part of the proceedings generally enjoyed as an opportunity to commit violent crime or harm others.
- In times of war or armed conflict, as necessary to achieve a critical national security objective that could not otherwise be obtained.