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* The same arguments prove also that escaping as in this case, occurred against the will of the Soviet government.

We may thus contend that at least for a certain number of DPs the term Soviet (bloc) defector would be appropriate.

IV. DEPORTATION, EXPULSION, EXILE AND BANISHMENT.

Deportation, expulsion, exile and banishment

can all be defined as an administrative measure by which a person is either removed from a country by its authorities to another country or taken away from one place of residence and confined in another place, still inside the same country. This broad definition covers the external as well

as the internal exile or deportation in addition to the deportation regulations and practices of countries as opposed

as the USA and the USSR.

A. Exile: self-imposed or government imposed.

Exile can be understood in the first place as an

action imposed by a government (or other administrative authorities) of a country upon one of its nationals, where

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by that person is banished to another country or removed to another part of his country of nationality.

But it also covers a decision taken by an individual to leave his country as a way of protesting a particular regime or situation in his country, or because that person feels threatened. This latter form of exile can be called self-imposed exile.

B. Exile: internal or external.

The United States doesn't know the concept of internal exile and certainly not the way it has been practiced before and after the October revolution in the Soviet Union. Andrei Sakharov is a well known example of internal exile in Gorki as was Yury Orlov until he release and travel to the United States in October 1986. Aleksandr Solzhenitsyn can be considered as well as Yury Orlov since his arrival in the USA ) an external exile.

Another important feature is that in principal only nationals of a country are exiled. When it comes to foreigners, one rather would speak of expulsion or deportation.

C. Deportation, Expulsion, Banishment.

The nature of deportation, banishment or expulsion

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is not as uniform as the concept of exile is. The Soviet practice of deportation covers not only the expulsion of aliens (= non-Soviets ), but also the forceful "relocation" of entire groups of people (e.g. the forced removal of the Tatars from the Crimea area during WW II. (87)

According to American law, only aliens can be

=

deported from US soil. An alien is defined by the INA of 1952 as "any person not a citizen or national of the USA" (88). That implies that no American citizen ( born with the American citizenship ) can be deported whatever the type of misconduct with which he is chargeable. The only but important exceptions are when an American loses his citizenship through expatriation (89) and secondly, through denaturalization. Denaturalization relates only to naturalized citizens and entails a judicial process premised on impropriety in the naturalization process (90). In June of 1986, a federal appeals court in Philadelphia ordered a Lithuanian born immigrant stripped of his citizenship for lying about his activities during WW II. This immigrant had made material misrepresentations about his background when he entered the USA in 1948 and obtained citizenship in 1954 (91). After his denaturalization, this person becomes an alien, subjected to deportation.

V. EMIGRE & IMMIGRANT.

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According to Black's Law Dictionary, an immigrant

is someone who leaves a country to permanently settle in another (92) and an emigre is someone who leaves his country for any reason with the intention not to return, with the design to reside elsewhere (93).

The INA of 1952 defines in section 101 (a),(15) an immigrant as an alien, i.e. any person not a citizen or a national of the United States.

Even if Soviet bloc defectors escape their countries, they nevertheless are a special type of emigré. And from the US standpoint (including and especially the immigration legislation ), Soviet bloc defectors are immigrants.

CONCLUSION.

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The identification, description and analysis of the different basic elements has made clear that the generic definition of the term "defector", presented in this paper, covers an amount of people that becomes quite sizable when applied to the Soviet bloc countries. This as such is a characteristic of totalitarian communist regimes. The definition of the notion "Soviet bloc defector", as set forth at the outset of the study, consequently underscores the fact that Soviet bloc defections are not confined to high-level people valued in the West (and especially by the intelligence services ) for their experience and knowledge acquired in the upper strata of the communist regimes ( party officials, intelligence and military officers, etc ), but also reflects a phenomenon that permeates

...

all social layers of communist societies.

Whether one is a Soviet bloc ambassador, an intelligence offcer, a simple conscript, a physician or a locksmith, most citizens of the Soviet bloc are not allowed to exercise the ancient common prerogative of all people, the freedom to leave his own country his/her own country and to return to it freely. In this context, exhibit #2, a Radio Liberty document entitled "Twenty Reasons For Not Granting An Exit Visa", on the inability for Soviet citizens to leave the country. It is a compiled list of formulations used by Soviet officials instead of explaining the reasons for the refusal to grant exit visas. Although new Soviet legislation has been introduced with regard to entering and leaving the USSR as of January 1, 1987, it is doubtful that above-mentioned right will get full recognition.