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Rogleo

Deportation & International Transfer Program

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Can somebody explain why UT is not allowing immediate deportation and/or international transfers of state inmates currently serving their time?

They are only wasting hard earned tax payers' money.

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States don't deport people.  Immigration is federal law.  The US does not deport people until they've completed their sentences and they are then turned over to ICE  if they are deportable AND a hold was placed prior to release from custody.  International transfer for inmates to serve their sentence in their home country, starts with the prisoner filing a petition requesting it.  The state can't just send him wherever.  IF a state-convicted inmate files the petition, it goes through the US Department of Justice.  There are only certain countries we have treaties with for prisoner transfers and even those countries have to agree which most don't.

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I really appreciate your answer, it clarifies part of my doubt. Would it be too much asking if you could elaborate more on why the Federal and State instances prefer to keep those inmates "warehousing" instead of being deported at once or at least after a while or why (in certain cases I know of) don't expedite or approve their international transfer even when there's an existent treaty between the US and those countries? Isn't a waste of taxpayers' money to keep them in here?

Thank you.

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Deportation is a completely different proceeding and persons who are subject to deportation still have a due process right for a judicial determination prior to being sent out of the country.  For in custody transfer, the prisoner has to be a citizen of the country they are petitioning to go to, they have to affirm their consent and can withdraw it, the US government has to consent and the other country has to consent.  We actually don't have treaties with that many countries....(Mexico, Canada, France, Marshall Islands, Micronesia, Palau, Panama, Peru, Thailand, Turkey, and Bolivia are it).  If the inmate owes restitution, they are ineligible for transfer.  If they have an appeal or any collateral court action regarding the conviction is pending, or if they have charges pending in another case, they are ineligible.  The judgment has to be final.  Mexican nationals are ineligible for transfer if they are serving a life sentence or an indeterminate sentence.  The US will never consent to an inmate currently under a death sentence to leave.

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