deportation

noun · Abschiebung

Deportation in the enforcement sense is the Abschiebung of § 58 AufenthG, the forcible execution of an enforceable duty to leave; the underlying order ending the lawful stay is the Ausweisung, a different institute with its own entry. Crossing the two shifts the legal nature of the measure and the remedies against it, and the German word Deportation belongs to the vocabulary of the National Socialist crimes, not to a modern legal text.

Which translation, when

Vollstreckung, nicht Verfügungthe act: the Abschiebung is the enforcement of the duty to leave, § 58 Abs. 1 AufenthG, available where the Ausreisepflicht is enforceable, no period for voluntary departure was granted or that period has expired, and the voluntary departure is not assured or a supervision of the departure is required; it sits in the section headed Durchsetzung der Ausreisepflicht, is preceded by the threat of removal, the Androhung of § 59, and its execution is real action, the authority may bring the person to airport or border crossing and briefly detain him for that purpose.

das Dreieckthe map: German law separates the Abschiebung, removal from the federal territory, from the Zurückschiebung of § 57, the pushing back upon apprehension in connection with an unlawful entry across an external border, and from the Ausweisung of § 53, the order that ends the lawful stay; English cuts the field differently, the UK deportation order names the order side while removal names the enforcement, so deportation rendered as Ausweisung, or Abschiebung rendered as deportation order, moves a text from execution to decision and back, with the remedies moving along.

Duldung, das Gegenstückthe suspension: § 60a AufenthG carries the Duldung under the official heading vorübergehende Aussetzung der Abschiebung, a temporary suspension of removal; it is not an Aufenthaltstitel, the § 4 catalogue keeps Duldung, Aufenthaltsgestattung and Fiktionsbescheinigung outside the titles, and the duty to leave survives underneath it; the substantive bars to removal in § 60 belong to the protection system the asylum entry holds.

Why

Deportation translates, in the sense German law gives the operation, as Abschiebung, and the entry exists because the English word sits across a German divide. The Abschiebung of § 58 AufenthG is enforcement: where the duty to leave is enforceable, no period for voluntary departure was granted or that period has expired, and a voluntary departure is not assured or a supervision of the departure is required, the authority executes the duty, after the threat of removal of § 59, by real action, bringing the person to the airport or border and briefly detaining him for the purpose. The section heading says it plainly, Durchsetzung der Ausreisepflicht. What the Abschiebung is not is the decision that ends the stay: that is the Ausweisung of § 53 AufenthG, the weighing order treated in its own entry, and for the apprehension in connection with an unlawful entry across an external border the law knows a third figure, the Zurückschiebung of § 57. English usage cuts the same field along another line, the UK deportation order names the order, removal names the execution, and the EU return directive speaks of the return decision; so a translator who renders deportation mechanically must first ask which side of the divide the source means, because Abschiebung for the order, or Ausweisung for the execution, shifts the legal nature of the measure and with it the remedy. Under the enforcement side sits its counterpart, the Duldung of § 60a AufenthG, officially the temporary suspension of the Abschiebung: not an Aufenthaltstitel, the § 4 catalogue keeps it outside the titles, the duty to leave survives, only its execution rests. One register warning completes the entry: the German word Deportation names the National Socialist deportations and has no place in a contemporary legal text, however smoothly a machine produces it.

Typical mistakes

Abschiebung is enforcement and Ausweisung is the underlying order, so crossing the two shifts the legal nature of the measure and the remedies against it.
The Duldung suspends only the execution, so reading a geduldet person as holding a residence title misstates the status, the duty to leave survives.
The German Deportation carries the register of the National Socialist crimes, so it is wrong and wounding in a modern legal text, the term is Abschiebung.

What matters

Translating a removal or deportation letter into German: the rendering should say Abschiebung for the enforcement, keep the underlying Ausweisung apart, name the Duldung as suspension rather than status, and never let the word Deportation into the text.

Authority

§ 58 AufenthG
§ 60a AufenthG

What the machine misses

Machine renderings of deportation swing between Abschiebung and Ausweisung as if they were synonyms, and sometimes produce Deportation, a German word carrying the register of the National Socialist crimes and no place in a modern legal text; the enforcement act is the Abschiebung of § 58 AufenthG, the underlying order is the Ausweisung, and crossing the two shifts the legal nature of the measure and the remedies against it.

See what the machine does with this clause →

Examples

deportation	Abschiebung
an enforceable duty to leave the country	eine vollziehbare Ausreisepflicht
the deportation was suspended	die Abschiebung wurde ausgesetzt
pending removal the person is tolerated	bis zur Abschiebung ist die Person geduldet