NATION

PASSWORD

[DRAFT] Deportation Proceedings

Where WA members debate how to improve the world, one resolution at a time.
User avatar
Princess Rainbow Sparkles
Envoy
 
Posts: 317
Founded: Nov 08, 2021
Mother Knows Best State

[DRAFT] Deportation Proceedings

Postby Princess Rainbow Sparkles » Tue May 24, 2022 11:55 am

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.
Last edited by Princess Rainbow Sparkles on Thu May 26, 2022 9:15 am, edited 5 times in total.

User avatar
Princess Rainbow Sparkles
Envoy
 
Posts: 317
Founded: Nov 08, 2021
Mother Knows Best State

Postby Princess Rainbow Sparkles » Tue May 24, 2022 11:56 am

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.

User avatar
Tinhampton
Postmaster-General
 
Posts: 10374
Founded: Oct 05, 2016
Anarchy

Postby Tinhampton » Tue May 24, 2022 12:00 pm

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.
Last edited by Tinhampton on Tue May 24, 2022 12:00 pm, edited 1 time in total.
The Self-Administrative City of TINHAMPTON (pop. 319,372): Saffron Howard, Mayor (UCP); Alexander Smith, WA Delegate-Ambassador

Authorships & co-authorships: SC#250, SC#251, Issue #1115, SC#267, GA#484, GA#491, GA#533, GA#540, GA#549, SC#356, GA#559, GA#562, GA#567, GA#578, SC#374, GA#582, SC#375, GA#589, GA#590, SC#382, SC#385*, GA#597, GA#607
Other achievements: Cup of Harmony 73 champions; Philosopher-Queen of Sophia; possibly very controversial; *author of the most popular WA resolution ever
Who am I, really? 46yo Tory woman w/Asperger's; Cambridge graduate; currently reading nothing much

User avatar
Princess Rainbow Sparkles
Envoy
 
Posts: 317
Founded: Nov 08, 2021
Mother Knows Best State

Postby Princess Rainbow Sparkles » Tue May 24, 2022 12:02 pm

Tinhampton wrote: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.
Last edited by Princess Rainbow Sparkles on Tue May 24, 2022 12:02 pm, edited 1 time in total.

User avatar
Separatist Peoples
GA Secretariat
 
Posts: 16760
Founded: Feb 17, 2011
Civil Rights Lovefest

Postby Separatist Peoples » Tue May 24, 2022 12:07 pm

"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?"

His Worshipfulness Lord GA Secretariat, Authority on All Existence, Arbiter of Right, Toxic Globalist Dog, Dark Psychic Vampire, and Chief Populist Elitist!
Separatist Peoples should RESIGN!

User avatar
Imperium Anglorum
GA Secretariat
 
Posts: 11502
Founded: Aug 26, 2013
Left-Leaning College State

Postby Imperium Anglorum » Tue May 24, 2022 3:45 pm

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

Author: 1 SC and 47 GA resolutions
Maintainer: GA Passed Resolutions
Developer: Communiqué and InfoEurope
GenSec (24 Dec 2021 –); posts not official unless so indicated
Delegate for Europe
Gaius Marcius Blythe
Ideological Bulwark 285, WALL delegate
Twice-commended toxic villainous globalist kittehs

User avatar
Princess Rainbow Sparkles
Envoy
 
Posts: 317
Founded: Nov 08, 2021
Mother Knows Best State

Postby Princess Rainbow Sparkles » Tue May 24, 2022 4:47 pm

Separatist Peoples wrote:"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.

Imperium Anglorum wrote: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?

User avatar
Comfed
Ambassador
 
Posts: 1634
Founded: Apr 09, 2020
Psychotic Dictatorship

Postby Comfed » Tue May 24, 2022 5:14 pm

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.
TNP NPO
WA (Co-)Authorship: SC#390

10000 Islands Foreign Affairs wrote:~The population of 10000 Islands suffered a huge increase

Ankuran wrote:"Here's Form T-34 for issuing a bribe. Enter the recipient's name here, check reason for bribe here, enter amount here. Now we'll just swipe your card here. Would you like to join our Frequent Briber's Club? Get five percent cash back on your first bribe."

“In the beginning the Universe was created. This has made a lot of people very angry and been widely regarded as a bad move.” - Douglas Adams
Fool me once, shame on you. Fool me twice, everybody dies.
Nation reflects RL beliefs, especially bad ones. All stats are canon.

User avatar
Princess Rainbow Sparkles
Envoy
 
Posts: 317
Founded: Nov 08, 2021
Mother Knows Best State

Postby Princess Rainbow Sparkles » Thu May 26, 2022 9:20 am

Comfed wrote: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.
Last edited by Princess Rainbow Sparkles on Thu May 26, 2022 10:47 am, edited 2 times in total.

User avatar
Comfed
Ambassador
 
Posts: 1634
Founded: Apr 09, 2020
Psychotic Dictatorship

Postby Comfed » Thu May 26, 2022 3:18 pm

Princess Rainbow Sparkles wrote:
Comfed wrote: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).
TNP NPO
WA (Co-)Authorship: SC#390

10000 Islands Foreign Affairs wrote:~The population of 10000 Islands suffered a huge increase

Ankuran wrote:"Here's Form T-34 for issuing a bribe. Enter the recipient's name here, check reason for bribe here, enter amount here. Now we'll just swipe your card here. Would you like to join our Frequent Briber's Club? Get five percent cash back on your first bribe."

“In the beginning the Universe was created. This has made a lot of people very angry and been widely regarded as a bad move.” - Douglas Adams
Fool me once, shame on you. Fool me twice, everybody dies.
Nation reflects RL beliefs, especially bad ones. All stats are canon.


Advertisement

Remove ads

Return to General Assembly

Who is online

Users browsing this forum: Anne of Cleves in TNP

Advertisement

Remove ads