Alienated : immigrant rights, the constitution, and equality by Victor C. Romero

By Victor C. Romero

Throughout American background, the govt has used U.S. citizenship and immigration legislation to guard privileged teams from much less privileged ones, utilizing citizenship as a “legitimate” proxy for in a different way invidious, and infrequently unconstitutional, discrimination at the foundation of race. whereas racial discrimination isn't legally applicable this day, profiling at the foundation of citizenship continues to be mostly unchecked, and has actually arguably elevated within the wake of the September eleven terror assaults at the usa. during this considerate exam of the intersection among American immigration and constitutional legislation, Victor C. Romero attracts our cognizance to a “constitutional immigration legislation paradox” that reserves sure rights for U.S. voters merely, whereas concurrently purporting to regard every body really lower than constitutional legislation despite citizenship.

As a naturalized Filipino American, Romero brings an outsider's viewpoint to Alienated, forcing us to examine constitutional immigration legislation from the vantage element of individuals whose citizenship prestige is murky (either legally or from the perspective of different voters and lawmakers), together with foreign-born adoptees, undocumented immigrants, travelers, international scholars, and same-gender bi-national companions. Romero endorses an equality-based examining of the structure and advocates a brand new theoretical and useful strategy that protects the person rights of non-citizens with no sacrificing their personhood.

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Additional resources for Alienated : immigrant rights, the constitution, and equality in America

Example text

Congress has the power to determine the terms and conditions of a noncitizen’s presence in the United States and has vested in the Attorney General the power to enforce such provisions; therefore, it is not for the Court to second-guess the other branches’ actions in the typical deportation case except when their conduct is constitutionally outrageous. Thus, Reno v. AADC has both a positive and a negative message for noncitizen constitutional claimants in the immigration context. The good news is that the Court has left open the possibility that the government is precluded from engaging in discriminatory conduct so egregious as to rise to the level of a constitutional offense.

Notwithstanding the questionable desirability of deporting a known terrorist, using immigration rather than criminal proceedings to screen persons makes sense from the government’s perspective. First, the process gives the government the greatest number of remedial options: if it decides a noncitizen is not a terrorist, it can deport her; if she is a terrorist, it can charge her criminally. In addition, the government is able to take advantage of the administrative and civil nature of immigration proceedings to aggressively prosecute its claims without providing as much due process protection to the individuals charged.

39 That they changed the text to differentiate between the two suggests that natural-born citizens were more presumptively loyal that naturalized ones. This interpretation is supported by Justice Joseph Story in his famous commentaries on the Constitution. Story noted in 1833 that this “immigrant Founder” exception was doubtless introduced (for it has now become by lapse of time merely nominal, and will soon become wholly extinct) out of respect to those distinguished revolutionary patriots, who were born in a foreign land, and yet had entitled themselves to high honours in their adopted country.

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