Overview of the Philippine Law on Deportation

The law in point is Philippine Immigration Act of 1940. It authorizes the

Immigration Commissioner to issue Mission Orders against aliens found to have violated
Philippine immigration laws. Arrest Warrants can also be issued against aliens whose
activities threatens the national security or whose presence alone poses a serious threat
to public health, public safety and national security, and public morals.

Legal Remedies

The detained alien may file a Petition for Voluntary Deportation before the Bureau
of Immigration and Deportation or file a Petition for Habeas Corpus before the Regular
Courts if the arrest was patently illegal or has been founded on an unsubstantiated
immigration law violation.
The detained Alien may also choose to face trial in a Summary Deportation
Proceedings, submit a Position Paper and/or file a Motion of Dismiss. In the meantime,
he/she may also file Petition for Bail for his/her temporary liberty pending Trial.
All countries reserve the right to deport foreigners, even those who are longtime
residents. In general, foreigners who have committed serious crimes, entered the
country illegally, overstayed and/or broken the conditions of their visa, or otherwise lost
their legal status to remain in the country may be administratively removed or deported.
[5]

In many cases, deportation is done by the government's executive apparatus, and

as such is often subject to a simpler legal process (or none), with reduced or no right to
trial, legal representation or appeal due to the subject's lack of citizenship. For example,
in the 1930s, during the Great Depression, more stringent enforcement of immigration
laws were ordered by the executive branch of the U.S. government, which led to the
expulsion of up to 2 million Mexican nationals from the United States.[6] In 1954, the
executive branch of the U.S. government implemented Operation Wetback, a program
created in response to public hysteria about immigration and immigrants from Mexico.
[7]
Operation Wetback led to the deportation of nearly 1.3 million Mexicans from the
United States.[8][9]
Already in natural law of the 18th century, philosophers agreed that expulsion of a
nation from the territory which it historically inhabits is not allowable.[10] In the late 20th
century, the United Nations drafted a code related to crimes against humanity; Article 18
of the Draft Code of Crimes Against the Peace and Security of Mankind declares "large
scale" arbitrary or forcible deportation to be a crime against humanity.[11]
Deportation often requires a specific process that must be validated by a court or
senior government official. It should not be confused with a dministrative removal, which
is the process of a country denying entry to an individual at a port of entry and expelling
them.[12]