NCJ Number
63518
Date Published
1979
Length
49 pages
Annotation
THE DANISH LAW ALLOWING DEPORTATION OF ALIENS ON THE BASIS OF CRIMINALITY IS DISCUSSED. THE REPORT COVERS HISTORICAL ANTECEDENTS TO THE LAW, ITS APPLICATION, AND ITS POLITICAL RAMIFICATIONS.
Abstract
ALTHOUGH PREVIOUS EXAMPLES OF DEPORTATION OF CRIMINAL ALIENS EXISTED IN DENMARK, THE FIRST WRITTEN LAW PROSCRIBING DEPORTATION WAS ENACTED IN 1866. IN 1930 A SECOND LAW WAS PASSED ELIMINATING CERTAIN REQUIREMENTS FOR DEPORTATION (E.G., THE CRIMINAL MUST HAVE A PREVIOUS OFFENSE RECORD) AND REFINING THE CATEGORIES OF USE ACCORDING TO THE CRIME TYPE AND SERIOUSNESS AND TO THE OFFENDER'S LENGTH OF STAY IN DENMARK AND TIES TO HIS HOMELAND. THE LAW WAS REVISED AGAIN IN 1952 (WITH STILL LATER REVISIONS), ALONG WITH THE LAW PERTAINING TO ALL IMMIGRANTS. EVENTUALLY, THE POWER TO DEPORT RESTED WITH THE POLICE RATHER THAN THE COURT, AND THE MINISTRY OF JUSTICE HAD THE ULTIMATE RESPONSIBILITY AND THE ABILITY TO HEAR APPEALS. DEPORTATION CAN TAKE PLACE AS EARLY AS THE ALIEN'S ENTRY INTO THE COUNTRY. BORDER POLICE CAN DEPORT ALIENS WHO HAVE BEEN PREVIOUSLY DEPORTED, ENTER WITHOUT VISAS, OR HAVE COMMITTED CRIMES IN THEIR OWN OR ANOTHER COUNTRY. FUGITIVES OR PERSONS VIOLATING SOME OTHER REGULATION (SUCH AS THOSE GOVERNING WORK PERMITS) CAN ALSO BE DEPORTED AT THE BORDER. ONCE INSIDE DENMARK, ALIENS CAN BE DEPORTED IF THEY ENGAGE IN OR ATTEMPT CRIMINAL ACTIVITIES, ENTER THE COUNTRY UNDER ILLEGAL CIRCUMSTANCES, ENTER THE COUNTRY WITH THE INTENTION OF COMMITTING AN ILLEGAL ACT, OR HAVE UNDESIRABLE CRIMINAL BACKGROUNDS CONSIDERED TO BE DETRIMENTAL TO DANISH SOCIETY. DEPORTATION CAN BE USED AS PART OF A SENTENCE FOR AN OFFENSE, BUT ITS USE IS NOT RESTRICTED TO THIS APPLICATION. STATISTICS ON DEPORTATION CASES FOR CRIMINALS BETWEEN 1974 AND 1978 SHOW THAT 998 PERSONS WERE DEPORTED IN 1974. THIS NUMBER CHANGED LITTLE IN THE NEXT 2 YEARS, BUT INCREASED TO OVER 1000 IN 1977 AND 1978. A REVIEW OF 60 CASES REPORTED IN 1976 SHOWS THAT DEPORTATION WAS USED MOSTLY FOR DRUG OFFENDERS AND AS AN ALTERNATIVE TO INCARCERATION FOR CONVICTED PERSONS. ABOUT ONE-THIRD OF THE DEPORTEES WERE FROM OTHER SCANDINAVIAN COUNTRIES, 14 HAD LIVED 1 MONTH OR LESS IN DENMARK AND MANY HAD CHILDREN BORN IN THE COUNTRY. ALTHOUGH SOME PERSONS ADVOCATE ABOLISHING THE DEPORTATION LAW FOR HUMAN RIGHTS REASONS, THIS REVIEW SHOWS THAT DEPORTATION SELDOM USED AND APPLIED PREDOMINANTLY TO PERSONS WHO WOULD OTHERWISE BE INCARCERATED.