Alien (law)

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In law, an alien is a person who is not a citizen or national of a given country, [1] [2] though definitions and terminology differ to some degree depending on the continent or region of the world. The term "alien" is synonymous to "foreign national". [3]

Contents

Lexicology

The term "alien" is derived from the Latin alienus, meaning stranger, foreign, etym. "belonging (somewhere) else".[ citation needed ] Similar terms to "alien" in this context include foreigner and lander. [4]

Categories

Different countries around the world use varying terms for aliens. The following are several types of aliens:

Common law jurisdictions

An "alien" in English law denoted any person born outside of the monarch's dominions and who did not owe allegiance to the monarch. Aliens were not allowed to own land and were subject to different taxes to subjects. [10] This idea was passed on in the Commonwealth to other common law jurisdictions.

Australia

In Australia, citizenship is defined in the Australian nationality law. Non-citizens in Australia are either permanent residents; temporary residents; or illegal residents (technically called "unlawful non-citizens"). [11] Most non-citizens (including those who lack citizenship documents) traveling to Australia must obtain a visa prior to travel. The only exceptions to this rule are holders of New Zealand passports and citizenship, who may apply for a visa on arrival according to the Trans-Tasman Travel Arrangement. [12]

In 2020, in Love v Commonwealth , the High Court of Australia ruled that Aboriginal Australians (as defined in Mabo v Queensland (No 2) ) cannot be considered aliens under the Constitution of Australia, regardless of whether they were born in Australia or hold Australian citizenship. [13] [14] [15]

Canada

In Canada, the term "alien" is not used in federal statues. Instead, the term "foreign national" serves as its equivalent and is found in legal documents. The Immigration and Refugee Protection Act defines "foreign national" as "a person who is not a Canadian citizen or a permanent resident, and includes a stateless person." [16]

United Kingdom

In the United Kingdom, the British Nationality Act of 1981 defines an alien as a person who is not a British citizen, a citizen of Ireland, a Commonwealth citizen, or a British protected person. [17] The Aliens Act of 1905, the British Nationality and Status of Aliens Act of 1914 and the Aliens Restriction (Amendment) Act of 1919 were all products of the turbulence in the early part of the 20th century.

United States

World War II poster from the United States. "WARNING - ALIENS - ARMY SERVICE FORCES". (Provost Marshall General) - NARA - 516037.jpg
World War II poster from the United States.

Under the Immigration and Nationality Act (INA) of the United States, "[t]he term 'alien' means any person not a citizen or national of the United States." [18] [1]

The usage of the term "alien" dates back to 1798, when it was used in the Alien and Sedition Acts. [19] Although the INA provides no overarching explicit definition of the term "illegal alien", it is mentioned in a number of provisions under title 8. [6] Several provisions even mention the term "unauthorized alien". [20] According to PolitiFact, the term "illegal alien" occurs in federal law, but does so scarcely. [21] PolitiFact opines that, "where the term does appear, it’s undefined or part of an introductory title or limited to apply to certain individuals convicted of felonies." [21]

Because the U.S. law says that a corporation is a person, the term alien is not limited to natural humans because what are colloquially called foreign corporations are technically called alien corporations. Because corporations are creations of local state law, a foreign corporation is an out-of-state corporation.

There are a multitude of unique and highly complex U.S. domestic tax laws and regulations affecting the U.S. tax residency of foreign nationals, both nonresident aliens and resident aliens, in addition to income tax and social security tax treaties and Totalization Agreements. [22]

"Alienage," i.e., citizenship status, has been prohibited since 1989 in New York City from being considered for employment, under that town's Human Rights legislation. [23] [24]

Other jurisdictions

Arab states

In the Arab states of the Persian Gulf (United Arab Emirates, Saudi Arabia, Kuwait, Oman, Bahrain, Qatar, etc.), many non-natives (foreigners) have lived in the region since birth or since independence. However, these Arab states of the Persian Gulf do not easily grant citizenship to the non-natives. [25] [26] [27]

Latvia

On Latvian passports, the mark nepilsoņi (alien) refers to non-citizens or former citizens of the Soviet Union (USSR) who do not have voting rights for the parliament of Latvia but have rights and privileges under Latvian law and international bilateral treaties, such as the right to travel without visas to both the European Union and Russia, where latter is not possible for Latvian citizens.

See also

Related Research Articles

Naturalization process by which a non-citizen in a country may acquire citizenship or nationality of that country

Naturalization is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the individual, or it may involve an application or a motion and approval by legal authorities. The rules of naturalization vary from country to country but typically include a promise to obey and uphold that country's laws, taking and subscribing to the oath of allegiance, and may specify other requirements such as a minimum legal residency and adequate knowledge of the national dominant language or culture. To counter multiple citizenship, most countries require that applicants for naturalization renounce any other citizenship that they currently hold, but whether this renunciation actually causes loss of original citizenship, as seen by the host country and by the original country, will depend on the laws of the countries involved.

<i>Jus soli</i> Birthright of anyone born in the territory of a state to nationality or citizenship

Jus soli, commonly referred to as birthright citizenship in the United States, is the right of anyone born in the territory of a state to nationality or citizenship.

Green card Lawful permanent residency in the USA

A green card, known officially as a Permanent Resident Card, is a document issued to immigrants to the United States under the Immigration and Nationality Act (INA) as evidence that the bearer has been granted the privilege of residing permanently. Individuals with green cards are known as Lawful Permanent Residents (LPR) or green card holders. There are an estimated 13.2 million green card holders of whom 8.9 million are eligible for citizenship of the United States. Approximately 65,000 of them serve in the U.S. Armed Forces.

Indian nationality law Laws governing citizenship of India

The conferment of a person as a citizen of India is governed by the Part II of the Constitution of India. According to Article 5, all the people that were resident in India at the commencement of the Constitution were citizens of India as well as people born in India. The President of India is termed the First Citizen of India.

United States nationality law Law of American nationality and citizenship

The United States nationality law refers to the uniform rule of naturalization of the United States set out in the Immigration and Nationality Act of 1952, enacted under the power of Article 1, section 8, clause 4 of the United States Constitution, which grants the Congress the power to "establish a uniform Rule of Naturalization..." The 1952 Act sets forth the legal requirements for the acquisition of, and divestiture from, American nationality. The requirements have become more explicit since the ratification of the Fourteenth Amendment to the Constitution, with the most recent changes to the law having been made by Congress in 2001.

Permanent residency status of a person in a country

Permanent residency is a person's resident status in a country of which they are not citizens but where they have the right to reside on a permanent basis. This is usually for a permanent period; a person with such status is known as a permanent resident. In the United States, such a person is officially referred to as a Lawful Permanent Resident (LPR).

Immigration and Nationality Act of 1952 American immigration law

The Immigration and Nationality Act of 1952, also known as the McCarran–Walter Act, codified under Title 8 of the United States Code, governs immigration to and citizenship in the United States. It has been in effect since June 27, 1952. Before this Act, a variety of statutes governed immigration law but were not organized within one body of text.

Australian nationality law law governing who is and who is not a citizen of Australia

Australian nationality law determines who is and who is not an Australian citizen. The status of Australian nationality or Australian citizenship was created by the Nationality and Citizenship Act 1948, which came into force on 26 January 1949. The 1948 Act was amended many times, notably in 1973, 1984, 1986 and 2002. It was replaced by the Australian Citizenship Act 2007, which commenced on 1 July 2007.

New Zealand nationality law

New Zealand nationality law determines who is and who is not a New Zealand citizen. The status of New Zealand citizenship was created on 1 January 1949 by the British Nationality and New Zealand Citizenship Act 1948. Prior to this date, New Zealanders were only British subjects and New Zealand had the same nationality legislation as the United Kingdom and other Commonwealth countries.

Waiver of inadmissibility under the Immigration and Nationality Act (INA) is a legal remedy available to every person found to be "removable" from the United States. It is statutorily linked to cancellation of removal, which is another form of relief under the INA that effectively operates parallel to waiver of inadmissibility.

The E-3 visa is a United States visa for which only citizens of Australia are eligible. It was created by an Act of the United States Congress as a result of the Australia–United States Free Trade Agreement (AUSFTA), although it is not formally a part of the AUSFTA. The legislation creating the E-3 visa was signed into law by U.S. President George W. Bush on May 11, 2005. It is widely believed to have grown out of the negotiation of a trade deal between the US and Australia.

Visa policy of the United States Policy on permits required to enter the United States and its unincorporated territories

The visa policy of the United States deals with the requirements which a foreign national wishing to enter the United States must meet to obtain a visa, which is a permit to travel to, enter, and remain in the United States. Visitors to the United States must obtain a visa from one of the United States diplomatic missions unless they come from one of the visa-exempt countries or Visa Waiver Program countries. The same rules apply to Puerto Rico and the United States Virgin Islands while different rules apply to Guam, Northern Mariana Islands and American Samoa.

A foreign national is any person who is not a national of a particular country. For example, a foreign national in Canada is someone who is neither a Canadian citizen nor a permanent resident.

A travel document is an identity document issued by a government or international treaty organization to facilitate the movement of individuals or small groups of people across international boundaries, following international agreements. Travel documents usually assure other governments that the bearer may return to the issuing country, and are often issued in booklet form to allow other governments to place visas as well as entry and exit stamps into them. The most common travel document is a passport, which usually gives the bearer more privileges like visa-free access to certain countries. However, the term is sometimes used only for those documents which do not bear proof of nationality, such as a refugee travel document.

Birthright citizenship in the United States Persons acquisition of United States citizenship by virtue of the circumstances of birth

Birthright citizenship in the United States is acquired automatically by virtue of a person’s birth within United States territory or because one or both of his or her parents is a US citizen. It contrasts with citizenship acquired in other ways, for example by naturalization. Pursuant to the Fourteenth Amendment to the United States Constitution and the Immigration and Nationality Act (INA), U.S. citizenship is automatically granted to any person born within and subject to the jurisdiction of the United States. This includes the territories of Puerto Rico, the Marianas, and the U.S. Virgin Islands. Birthright citizenship also applies to children born elsewhere in the world to U.S. citizens, known as jus sanguinis.

The nationality law of Bangladesh governs the issues of citizenship and nationality of the People's Republic of Bangladesh. The law regulates the nationality and citizenship status of all people who live in Bangladesh as well as all people who are of Bangladeshi descent. It allows the children of expatriates, foreigners as well as residents in Bangladesh to examine their citizenship status and if necessary, apply for and obtain citizenship of Bangladesh.

Citizenship of the United States People in the US

Citizenship of the United States is a status that entails specific rights, duties and benefits in the United States. Citizenship is understood as a "right to have rights" since it serves as a foundation of fundamental rights derived from and protected by the Constitution and laws of the United States, such as the rights to freedom of expression, vote, due process, live and work in the United States, and to receive federal assistance. The implementation of citizenship requires attitudes including allegiance to the republic, participation, and an impulse to promote communities. Certain rights are so fundamental that they are guaranteed to all persons, not just citizens. Not all citizens have the right to vote in federal elections, e.g. those living in Puerto Rico.

Multiple citizenship, dual citizenship, multiple nationality or dual nationality, is a person's citizenship status, in which a person is concurrently regarded as a citizen of more than one country under the laws of those countries. Conceptually, citizenship is focused on the internal political life of the country and nationality is a matter of international dealings. There is no international convention which determines the nationality or citizenship status of a person. This is defined exclusively by national laws, which can vary and conflict with each other. Multiple citizenship arises because different countries use different, and not necessarily mutually exclusive, criteria for citizenship. Colloquially, people may "hold" multiple citizenship but, technically, each nation makes a claim that a particular person is considered its national.

Grenadian nationality law

The Grenadian nationality law is governed by the Grenada Citizenship Act 1976 and the Grenada Constitution of 1973.

Deportation of Americans from the United States refers to the involuntary removal of U.S. citizens or nationals who have been convicted of a common crime in the United States. Such deportation entitles Americans to seek damages, which may include immigration benefits and/or money, in the form of injunctive relief under the Federal Tort Claims Act (FTCA) and Bivens v. Six Unknown Named Agents. Some Americans have been placed in immigration detention centers to be deported but were later released. "Recent data suggests that in 2010 well over 4,000 U.S. citizens were detained or deported as aliens".

References

  1. 1 2 Garner, Bryan A. (June 25, 2009). alien (9th ed.). Black's Law Dictionary. p. 84. ISBN   0-314-19949-7 . Retrieved August 17, 2018. A person who resides within the borders of a country but is not a citizen or subject of that country; a person not owing allegiance to a particular nation. - In the United States, an alien is a person who was born outside the jurisdiction of the United States, who is subject to some foreign government, and who has not been naturalized under U.S. law.
  2. "alien". Webster’s Dictionary of Law . law.academic.ru. 1996. Retrieved August 17, 2018.
  3. 52 U.S.C.   § 30121(b) (explaining that "the term 'foreign national' means—.... (2) an individual who is not a citizen of the United States or a national of the United States (as defined in section 1101(a)(22) of title 8) and who is not lawfully admitted for permanent residence, as defined by section 1101(a)(20) of title 8.").
  4. Van Houtum, Henk. "The mask of the border." The Routledge Research Companion to Border Studies. Routledge, 2016. 71-84.
  5. 8 U.S.C.   § 1101(a)(20) ("The term 'lawfully admitted for permanent residence' means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant ....") (emphasis added).
  6. 1 2 See, e.g., 8 U.S.C.   § 1252c(a)(1) ; 8 U.S.C.   § 1330(b)(3)(A)(iii) ; 8 U.S.C.   § 1356(r)(3)(ii) ; 8 U.S.C.   § 1365(b) ("An illegal alien ... is any alien ... who is in the United States unlawfully...."); 8 U.S.C.   § 1366 .
  7. "Immigration Terms and Definitions Involving Aliens". United States: Internal Revenue Service (IRS). Retrieved July 3, 2016.
  8. "Homeland Security: More than 600,000 foreigners overstayed U.S. visas in 2017". USA Today. August 7, 2018. Retrieved October 16, 2018.
  9. "DHS: 700K-plus Overstayed US Visas Last Year". Voice of America (VOA). August 7, 2018. Retrieved October 16, 2018.
  10. William Blackstone, Commentaries on the Laws of England (1753), Book 1, Chapter 10
  11. Key Issue 5. Citizenship Fact Sheet 5.2 Citizenship in Australia Retrieved 2012-03-05.
  12. "Australia's Visitor and Temporary Entry Provisions" (PDF). Joint Standing Committee on Migration, Parliament of Australia. September 27, 1999. Archived from the original (PDF) on June 29, 2011. Retrieved July 20, 2011.
  13. "High Court rules Aboriginal Australians cannot be 'aliens' under the constitution". SBS News. February 11, 2020.
  14. Karp, Paul (February 11, 2020). "High court rules Aboriginal Australians are not 'aliens' under the constitution and cannot be deported". the Guardian. Retrieved February 11, 2020.
  15. Byrne, Elizabeth; Robertson, Josh (February 11, 2020). "Man released from detention as High Court rules Aboriginal people cannot be deported". ABC News. Australian Broadcasting Corporation. Retrieved February 11, 2020.
  16. Immigration and Refugee Protection Act (S.C. 2001, c. 27)
  17. section 51, British Nationality Act 1981
  18. 8 U.S.C.   § 1101(a)(3) ; 8 U.S.C.   § 1101(a)(22) ("The term 'national of the United States' means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States."); Ricketts v. Att'y Gen., 897 F.3d 491, 493-94 n.3 (3d Cir. 2018) ("Citizenship and nationality are not synonymous."); Jennings v. Rodriguez , 583 U.S. ___, ___-___ (2018), 138 S.Ct. 830, 855-56 (2018) (Justice Thomas concurring) ("The term 'or' is almost always disjunctive, that is, the [term]s it connects are to be given separate meanings.").
  19. "Alien and Sedition Acts". Ourdocuments.gov. Retrieved November 23, 2011.
  20. 8 U.S.C.   § 1324a(h)(3)
  21. 1 2 "Is 'illegal alien' a term in federal law?". @politifact. Retrieved February 26, 2019.
  22. "Foreign Nationals: Non-Resident Aliens and Resident Aliens". Protax Consulting Services.
  23. Tyler Blint-Welsh (September 25, 2019). "New York City Employers Who Say 'Go Back to Your Country' Could Face Fines". The Wall Street Journal . Retrieved September 30, 2019. Since 1989, the city’s human-rights law has banned discrimination based on citizenship status or “alienage” in employment, housing and public accommodations.
  24. "The protected classes covered under the New York City Human Rights Law are: Age Alienage or Citizenship Status" https://www1.nyc.gov/site/cchr/law/in-housing.page
  25. Habboush, Mahmoud. "Call to naturalise some expats stirs anxiety in the UAE".
  26. "Say no to expats calling for Saudi citizenship". November 24, 2013.
  27. "GCC Citizenship Debate: A Place To Call Home - Gulf Business". January 5, 2014.