Deportation as a Condition of Supervised Release --
Usefulness of the Provision
Unlike the First Circuit, however, we do not believe that section
relegates a sentencing court to the relatively passive role of merely
alien defendant over to INS for deportation proceedings. The statute
authorizes a District Court to "provide, as a condition of supervised
that the alien defendant be deported and remain outside the United States.
Although deportation must be accomplished under the established procedures
INA, it remains part of a judicial order that an alien defendant violates at
Viewed in this light, section 3583(d) can be used as an effective tool
obtaining the removal of criminal aliens. Indeed, a condition of supervised
release requiring a defendant to be deported and to remain outside the
States has several important consequences:
- An alien defendant subject to such an order violates a condition of
supervised release unless, at the end of his period of incarceration, he is
a final order of deportation and is ready for deportation. If the alien
defendant resists or delays deportation at the end of the incarceration
he may be subject to reincarceration or modification of the conditions of
- An alien defendant subject to a Section 3583(d) order who is deported
then returns to the United States violates a condition of his supervised
and is subject to reincarceration, pursuant to 18 U.S.C. § 3583(e)(3).
consequence should provide a deterrent against subsequent illegal entry and
also save prosecutorial resources by eliminating the need for a separate
prosecution for reentry after deportation.
- Delays in the immigration process will be reduced if, in light of the
incentives provided by section 3583(d), criminal aliens consent to
deportation rather than remain in jail to contest deportation.
[cited in USAM 9-73.500]