The Citizen and the Alien
The Citizen and the Alien

Author: Linda Bosniak

Publisher: Princeton University Press

Published: 2008-09-08

Total Pages: 235

ISBN-13: 1400827515

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Citizenship presents two faces. Within a political community it stands for inclusion and universalism, but to outsiders, citizenship means exclusion. Because these aspects of citizenship appear spatially and jurisdictionally separate, they are usually regarded as complementary. In fact, the inclusionary and exclusionary dimensions of citizenship dramatically collide within the territory of the nation-state, creating multiple contradictions when it comes to the class of people the law calls aliens--transnational migrants with a status short of full citizenship. Examining alienage and alienage law in all of its complexities, The Citizen and the Alien explores the dilemmas of inclusion and exclusion inherent in the practices and institutions of citizenship in liberal democratic societies, especially the United States. In doing so, it offers an important new perspective on the changing meaning of citizenship in a world of highly porous borders and increasing transmigration. As a particular form of noncitizenship, alienage represents a powerful lens through which to examine the meaning of citizenship itself, argues Linda Bosniak. She uses alienage to examine the promises and limits of the "equal citizenship" ideal that animates many constitutional democracies. In the process, she shows how core features of globalization serve to shape the structure of legal and social relationships at the very heart of national societies.

Birthright Citizenship Under the 14th Amendment of Persons Born in the United States to Alien Parents
Birthright Citizenship Under the 14th Amendment of Persons Born in the United States to Alien Parents

Author: Margaret Mikyung Lee

Publisher: DIANE Publishing

Published: 2011

Total Pages: 21

ISBN-13: 1437939198

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This is a print on demand edition of a hard to find publication. Over the last decade or so, concern about illegal immigration has sporadically led to a re-examination of a long-established tenet of U.S. citizenship, codified in the Citizenship Clause of the 14th Amendment of the U.S. Constitution and in the Immigration and Nationality Act (INA), that a person who is born in the U.S., is a citizen of the U.S. regardless of the race, ethnicity, or alienage of the parents. Some congressional Members have supported a revision of the Citizenship Clause or at least holding hearings for a serious consideration of it. Contents of this report: (1) Intro.; (2) Historical Development: Jus Soli Doctrine Before the 14th Amend.; The 14th Amend. and the Civil Rights Act of 1866; U.S. v. Wong Kim Ark and Elk v. Wilkins; (3) Legislative Proposals.

Immigration as a Democratic Challenge
Immigration as a Democratic Challenge

Author: Ruth Rubio-Marín

Publisher: Cambridge University Press

Published: 2000-05

Total Pages: 284

ISBN-13: 9780521777704

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Examining Germany and the United States, this book argues that immigration policy in Western democracies is unjust and undemocratic.

Alienated
Alienated

Author: Victor C. Romero

Publisher: NYU Press

Published: 2005-02-01

Total Pages: 278

ISBN-13: 0814776744

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Throughout American history, the government has used U.S. citizenship and immigration law to protect privileged groups from less privileged ones, using citizenship as a “legitimate” proxy for otherwise invidious, and often unconstitutional, discrimination on the basis of race. While racial discrimination is rarely legally acceptable today, profiling on the basis of citizenship is still largely unchecked, and has in fact arguably increased in the wake of the September 11 terror attacks on the United States. In this thoughtful examination of the intersection between American immigration and constitutional law, Victor C. Romero draws our attention to a “constitutional immigration law paradox” that reserves certain rights for U.S. citizens only, while simultaneously purporting to treat all people fairly under constitutional law regardless of citizenship. As a naturalized Filipino American, Romero brings an outsider's perspective to Alienated, forcing us to look at constitutional immigration law from the vantage point of people whose citizenship status is murky (either legally or from the viewpoint of other citizens and lawmakers), including foreign-born adoptees, undocumented immigrants, tourists, foreign students, and same-gender bi-national partners. Romero endorses an equality-based reading of the Constitution and advocates a new theoretical and practical approach that protects the individual rights of non-citizens without sacrificing their personhood.

Transnational Citizenship Across the Americas
Transnational Citizenship Across the Americas

Author: Ulla Berg

Publisher: Routledge

Published: 2015-12-22

Total Pages: 124

ISBN-13: 1317634748

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Mass migrations, diasporas, dual citizenship arrangements, neoliberal economic reforms and global social justice movements have in recent decades produced shifting boundaries and meanings of citizenship within and beyond the Americas. In migrant-receiving countries, this has raised questions about extending rights to newcomers. In migrant-sending countries, it has prompted states to search for new ways to include their emigrant citizens into the nation state. This book situates new practices of ‘immigrant’ and ‘emigrant’ citizenship, and the policies that both facilitate and delimit them, in a broader political–economic context. It shows how the ability of people to act as transnational citizens is mediated by inequalities along the axes of gender, race, nationality and class, both in and between source and destination countries, resulting in a plethora of possible relations between states and migrants. The volume provides cross-disciplinary and theoretically engaging discussions, as well as empirically diverse case studies from countries in Latin America and the Caribbean that have been transformed into ‘emigrant states’ in recent years, offering new concepts and theory for the study of transnational citizenship. This book was originally published as a special issue of Identities: Global Studies in Culture and Power.

United States Code
United States Code

Author: United States

Publisher:

Published: 2013

Total Pages: 1506

ISBN-13:

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"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.