The Alienage Safe Haven refers to persons whose citizenship status or nationality renders them immune from the grounds of deportation.  See § § 4.4-4.7, supra.  This includes the three safe havens which are related to alienage or nationality: 

 

            (a)  United States Citizens cannot be deported, unless they acquired citizenship by naturalization, and the grant is revoked.  See § 4.5, supra.

 

            (b)  Nationals of the United States cannot be deported.  See § 4.6, supra.

 

            (c)  Certain American Indians born in Canada cannot be deported.  See § 4.7, supra.

 

These are the gold standard of safe havens: if the client falls within any of these groups, s/he absolutely cannot be deported under any ground of deportation whatsoever.

 

CONVICTION - NONCITIZEN IS NOT DEPORTABLE FOR CONVICTION SUFFERED WHEN HE WAS A UNITED STATES CITIZEN BEFORE DENATURALIZATION
Costello v. INS, 376 U.S. 120 (1964) (person who was convicted of two crimes involving moral turpitude while he was a United States citizen cannot be deported on account of them after he lost his citizenship through denaturalization).

Other

SAFE HAVENS - AMERICAN INDIAN - AMERICAN INDIAN WITH 50% NATIVE AMERICAN BLOOD IS NOT SUBJECT TO GROUNDS OF EXCLUSION OR DEPORTATION
The immunity of certain American Indians born in Canada from exclusion and deportation rules is derived from the Jay Treaty of 1794 with Great Britain and was reaffirmed in the Treaty of Ghent at the conclusion of the War of 1812. See INA 289; 8 C.F.R. 289. The beneficiary must be 50% or more of the blood of the American Indian race and if s/he qualifies, cannot be deported or excluded from the United States for any reason. The language of INA 289 (based on the Jay Treaty) is as follows: "Nothing in this title shall be construed to affect the right of American Indians born in Canada to pass the borders of the United States, but such right shall extend only to persons who possess at least 50 per centum of blood of the American Indian race." Practically speaking, the U.S. government looks at tribal membership cards.  http://www.ptla.org/ptlasite/wabanaki/jay.htm