self-deportation

[victor steinbok]

[likely antedating self-deportation to 1964]

Here's a good example of use of "self-deportation" a couple of years ago
(Rep. Steve King, Iowa):

http://goo.gl/TzF8T
Congressional Record--House, 154.12
July 30, 2008

And the analysis that is there predicts that at the present rate of
self-deportation, and that is what it is, that we will see the illegal
population in the United States be cut in half if that pace continues.
...
And additionally, during the Eisenhower administration, they got about a
10-1 self-deportation for every one that was picked up and deported. This
is a 7-1 self-deportation. That is a real difference and a real change.


But NPR is wrong. The term was not coined in 1994. If dating is correct
(and the title page in GB does appear to be correct), then the expression
was already available in 1989 and possibly much earlier.

http://goo.gl/RF0Eh
1989 Legalization Handbook: How to Obtain Lawful Residence Under the New
Immigration Laws. National Immigration Project. 1989
p. 1-26

... of any extension of the time period granted by the Immigration and
Naturalization Service, or otherwise departs while an order of deportation
is outstanding, the alien is considered to have "self- deported"; *self
-deportation* carries the same legal consequences as departure under an
order of deportation executed by the INS.

[another hit on the next page, then in another chapter]

p. 5-26

Aliens who reentered the United States within five years of their
deportation or "self-deportation," can apply for such permission
_nunc_pro_tunc_ pursuant to 8 CFR §212.2.



A part of a statute that was valid in the 1980s (certainly 1981-9, but
since changed) was called "Self-deportation": 8 C.F.R. 243.5 (someone will
have to look up legislative history--I don't have Lexis or Westlaw access
any more).

Here's a case citing the section in 1981 (Johns v. DOJ, 653 F.2d 884, 5th
Circuit).

http://goo.gl/9Hm6f

If the Attorney General decides that an alien is unlawfully in the country,
and should not be permitted to remain, he may permit the alien to depart
voluntarily at the alien's expense, see 8 U.S.C. § 1254(e), 8 C.F.R. 243.5;
Boulamandis v. Brownell, 247 F.2d 83 (D.C.Cir.1957), so that the alien's
record will not show that he was involuntarily deported, thus creating a
barrier to possible future lawful return. See C. Gordon & H. Rosenfield,
Immigration Law and Procedure § 5.18b (1981); Comment, Suspension of
Deportation: Illusory Relief, 14 S.D.L.Rev. 229, 253 (1976).


The text might have changed over the years, but it was certainly  referred
to as "self-deportation" in the printed 1986 and 1988 versions of the Code.

Here's the full citation (1992) that shows that the provision had been
inserted in the Code in 1964. It's possible that the title was changed at
some time, but there is clear evidence that it was already in place at
least by 1986. Looking up the original legislature from 1964 should clear
this up rather easily.

http://goo.gl/36OKj


§243.5 Self-deportation
A district director may permit an alien ordered deported to depart at his
own expense to a destination of his own choice. Any alien who has departed
from the United States while an order of deportation is outstanding shall
be considered to have been deported in pursuance of law, except that an
alien who departed before the expiration of the voluntary departure time
granted in connection with an alternate order of deportation shall not be
considered to have been so deported.
[29 FR 6485, May 19, 1964]


VS-)


On Wed, Feb 1, 2012 at 3:37 PM, victor steinbok <aardvark66 at gmail.com>wrote:

> ...However, the NPR show “This American Life” reveals the term originated
> with two Mexican-American parodists who started a routine in 1994 where
> they pretended to be right-wing Hispanics in favor of a California
> proposition to prevent hospitals from treating illegal immigrants.
>

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