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: