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Extraordinary Rendition and Deportation Distinguished

Extraordinary rendition refers to an extralegal rendition which is outside the law.  The extrajudicial transfer of suspects from one state to another is known as “extraordinary rendition” and generally implies that transferred suspects have no access to the judicial system of the sending state to challenge their transfer.

An extraordinary rendition is the practice of questionable legality which is practiced by several major Western nations, including the United States.  The critics of extraordinary rendition argue that it appears to clearly violate human rights along with international agreements on the treatment of prisoners; whereas proponents argue that extraordinary rendition is the only way to collect time-sensitive and crucial information.

Once captured, the suspect is taken to another country with more lax human rights protections, for the purpose of questioning.  More often than not, the questioning involves torture, which is not a legal, ethical, or a sensible method for extracting information and sometimes, foreign nationals are removed from American soil and secretly transported out of the country.  There are situations in which the United States has purportedly transferred suspected terrorists to other countries that employ harsh interrogation techniques.

Other than questioning people under questionable circumstances, extraordinary renditions are linked to secret detainment facilities as well.  The suspect would be arrested and secretly transferred to the CIA’s network of secret “black sites”.  The government has frequently misused the “states secrets” privilege in order to avoid any kind of judicial oversight of the extraordinary rendition program, stating that hearing the case in court would pose a threat to national security.

Deportation refers to the removal of a person from one country to another country; especially, the expulsion or transfer of an alien from a country.  It means the expulsion of a person or group of people from a place. The expulsion of nationals is referred to as banishment or penal transportation.  Generally, a formal removal of an alien from the United States shall be made when an alien violates the immigration laws.  A deportation may be ordered by an immigration judge without imposing any punishment.

Before the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), the legal process of deporting a foreign national was called “deportation” and it related to individuals already present in the United States.  After the enactment of IIRAIRA, deportations and exclusions are referred to as “removal” proceedings.  If someone is designated for removal, then such person after receiving a removal order must leave the United States.  Any person other than a U.S. citizen may be deported from the United States.

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