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2012-08-30 10:42

Court says deportation of illegal aliens is constitutional

The Constitutional Court has ruled that the current law stipulating the deportation of illegal aliens is constitutional, officials said Thursday.

Under the Immigration Control Law, immigration offices can take illegal foreign workers into emergency custody and put them under compulsory expulsion. The foreign workers are subsequently repatriated to their home countries unless they are granted refugee status.

The court dismissed a petition filed by two illegal foreign workers against the Seoul Immigration Office's decision to take them into custody and put them on home-bound flights.

The two plaintiffs, who came from Nepal in 1991 and Bangladesh in 1998 respectively, extended their stays in the country even after their visas had expired.

In 2008, the Seoul Immigration Office under the Justice Ministry imposed emergency custody orders and deported them.

"The immigration office's orders run against the rule of due process guaranteed by the Constitution," the plaintiffs argued in the petition. "Also, the compulsory expulsion infringed upon the rights of access to courts and rights to equality."

However, the court in rejecting the plaintiffs' arguments said, "The two are subject to emergency custody orders stipulated by the Immigration Control Law and the office's decision did not violate their basic rights." (Yonhap)
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