July 17, 2007

Forced Apart

Families Separated and Immigrants Harmed by United States Deportation Policy

I. Summary
II. Recommendations
To the President of the United States
To the United States Congress
To the Department of Homeland Security
To the Bureau of Population, Refugees and Migration
To the United States Citizenship and Immigration Services
To Criminal Defense Attorneys
III. Deportation Law Based on Criminal Convictions Before 1996..
Early History of the Deportation Power
Crimes of Moral Turpitude and Aggravated Felonies
IV. Deportation Law Based on Criminal Convictions After 1996..
Specific Crimes Rendering Non-Citizens Deportable
Aggravated Felonies
Crimes of Moral Turpitude
Definitions Include Relatively Minor Crimes
Elimination of Defenses to Deportation
Elimination of 212(c) Waiver of Deportation
Limits on Withholding: Returns to Persecution
Retroactive Effects
Congressional Regrets
V. National Statistics on Deportation for Crimes
VI. US Deportation Policy Violates Human Rights
The Right to Raise Defenses to Deportation
Family Unity
Children's Rights
Ties to a Country
Length of Legal Residence
Legal Residence in the United States Since Childhood
Military Service
Training and Employment
Protection from Return to Persecution for Refugees
VII. Conclusion: The Need for a Legislative Solution
Appendix:  A History of Human Rights Watch's FOIA Request for Deportation Data