Deportation And Due Process: A Comparative Analysis Of Indian And U.S. Legal Safeguards For Foreign Nationals
- IJLLR Journal
- Feb 28
- 1 min read
Sneha Vaza, Independent Researcher (Advocate, Rajasthan High Court)(B.A. LL.B. from Amity University, Rajasthan 2013-2018 LL.M. from University of Rajasthan 2019-2021)
ABSTRACT
Deportation is an important aspect of immigration enforcement, balancing national security concerns with human rights obligations. This paper provides a comparative analysis of deportation policies and due process protections in India and the United States, two countries with distinct legal frameworks. The U.S. follows a structured system governed by the Immigration and Nationality Act (INA), ensuring judicial oversight, access to hearings, and appeal mechanisms. In contrast, India’s deportation process is largely discretionary, with decisions made by executive authorities under broad legislative provisions, often without judicial review.
The study examines the legal foundations, grounds for deportation, and procedural safeguards available to foreign nationals in both jurisdictions. It also explores humanitarian considerations, particularly how asylum seekers, stateless individuals, and undocumented migrants are treated. Additionally, the paper analyzes the role of media narratives in affecting public opinion and immigration policies.
Additionally, the study assesses the broader implications of deportation policies on international law and diplomatic relations. It highlights the challenges both nations face in balancing sovereignty, security, and human rights. The paper argues for legal reforms to enhance due process protections, ensure greater transparency, and align deportation policies with international human rights standards to create a fairer and more consistent system.
