Deported For Drug Possession

Imagine getting deported from the country where you have spent most of your life to a country which you barely know – simply because you were caught with drugs in your possession.

It might sound like something out of a nightmare, but this is exactly what has been happening in the United States, where federal authorities are reported to be deporting an increasing number of immigrants for minor drug charges – with some of the charges many years old.

What’s Going On?

The immigration debate has waged on for decades in the United States, with patriotic citizens intent on deporting those who have ‘jumped the queue’ and entered the country illegally.

The problem is, many of those immigrants entered the United States decades ago, and have since worked long hours in low-paying jobs on US soil whilst raising their families. To suddenly deprive these people of the opportunity to contribute as law-abiding citizens – and to jeopardise the interests of their children, many of whom are US citizens – would seem unfair.

So, how to resolve this sticky situation?

Well, according to a new policy announced by President Obama last year, illegal immigrants who have remained in the US for more than five years, and have children who are American citizens or legal residents, will be able to ‘apply to stay in the United States temporarily without fear of deportation.’ These people must also register, pass a criminal background check and be willing to pay taxes.

The flip side is that the government will focus more on deporting immigrants who have been convicted of criminal offences. In the words of President Obama, ‘deportations of criminals are up 80 percent. And that’s why we’re going to keep focusing enforcement resources on actual threats to our security.’

Can You Get Deported For Drug Possession?

Contrary to what President Obama has implied, more and more people are getting deported for minor crimes like drug possession rather than dangerous crimes which pose a threat to national security.

Human Rights Watch recently released a report which found that ‘Disproportionately harsh laws and policies relating to drug offenses can lead to deportation for lawful permanent residents and unauthorized immigrants alike.’

Notably, deportations for drug possession have increased by 43% between 2007 and 2012. Many of those targeted were in fact legal migrants, or immigrants with ‘strong ties to US families.’ Incredibly, 34,000 migrants were deported for nothing more than marijuana possession. According to the Human Rights Watch, many of them were lawful permanent residents.

Many people were for historical convictions which occurred many years ago. Human Rights Watch outlines the case of a lawful migrant who was ‘arrested 13 years later for charges that had been dismissed under a California diversion program for first-time drug offenders.’

But the injustice does not stop there. Under American immigration laws, minor drug offences such as small-scale supply may amount to ‘drug trafficking.’ In these cases, judges who have the final say in whether a person is deported do not have the opportunity to consider a person’s personal features, such as their family ties and whether they have been rehabilitated.

And while some lawful permanent residents can apply for a ‘pardon’, it is a process which often involves spending months in detention whilst fighting their way through the court system.

Could This Happen in Australia?

In Australia, section 200 of the Migration Act 1958 states that the Immigration Minister can order the deportation of ‘non-citizens’, be they legal or non-legal, for certain criminal offences.

Those who have been in Australia for less than 10 years may be deported where they have been convicted of an offence and sentenced to imprisonment for a period of more than one year.

Most minor drug charges such as drug possession will not carry a sentence of imprisonment and will therefore not result in deportation.

Those who have been in Australia for longer than 10 years may also be deported for certain criminal offences. However, they are limited to very serious forms of criminal conduct which threaten national security – such as terrorism offences and treason.

In Australia, those ordered to be deported have a right to appeal, and the court is able to review the merits of the decision. Only in certain cases is a person excluded from their right to appeal – for example, where the Immigration Minister has personally made the deportation order and declared the deportee to be an ‘excluded person.’

Such declarations are only made ‘where the circumstances are so serious that the Minister acting personally decides that it is in the national interest to do so.’