By Victor C. Romero
Throughout American background, the govt. has used U.S. citizenship and immigration legislations to guard privileged teams from much less privileged ones, utilizing citizenship as a “legitimate” proxy for in a different way invidious, and sometimes unconstitutional, discrimination at the foundation of race. whereas racial discrimination isn't legally appropriate at the present time, profiling at the foundation of citizenship continues to be principally unchecked, and has in reality 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 consciousness to a “constitutional immigration legislations paradox” that reserves sure rights for U.S. voters in simple terms, whereas at the same time purporting to regard every body particularly less than constitutional legislation despite citizenship.
As a naturalized Filipino American, Romero brings an outsider's standpoint 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 point of view of alternative voters and lawmakers), together with foreign-born adoptees, undocumented immigrants, travelers, international scholars, and same-gender bi-national companions. Romero endorses an equality-based analyzing of the structure and advocates a brand new theoretical and sensible method that protects the person rights of non-citizens with out sacrificing their personhood.
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In contrast to many nationwide constitutions, which include specific confident rights to things like schooling, a dwelling salary, and a healthy atmosphere, the U. S. invoice of Rights seems to be to comprise just a lengthy record of prohibitions on executive. American constitutional rights, we're usually informed, shield humans merely from an overbearing executive, yet provide no particular promises of governmental aid.
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Additional info for Alienated : immigrant rights, the constitution, and equality in America
Undeterred, the Justice Department sought interviews with an additional five thousand men, most of whom were Muslims between the ages of eighteen and thirty-three, who had come to the United States on nonimmigrant visas since January 1, 2000. Akram and Johnson maintain that no evidence existed that any of those men were involved in terrorist activities. ”22 The psychological costs of race- and citizenship-based suspicion should not be underestimated. 23 Just as the exclusion of those of Japanese ancestry signaled their outsider status in a physical way, the targeting of Muslim and Arab immigrants post–September 11 sends the same message, albeit in psychological form.
Citizenship oath in 1995. I took seriously the charge that I disavow allegiance to any foreign potentate. S. 42 Yet, somehow these reassurances do not rebut the presumption of my disloyalty to qualify me for the presidency. S. president, the question remains: why are most Americans willing to tolerate race and citizenship profiling in the contexts of battling terrorism and determining presidential eligibility, despite an acknowledgment by most that both are far from perfect proxies for loyalty?
I arrived in the United States as a foreign student in 1984. After graduating from college and completing a year as a litigation paralegal at a law firm on the east coast, I moved to Los Angeles to begin law school in the fall of 1988. Since I had not been back to visit my family in Manila for a few years, my mother was anxious to have me return during the semester break in December. S. Embassy in Manila while I was home. I asked the ISO personnel whether they thought my lapsed visa would raise red flags and they assured me it would not because I was legitimately enrolled in a graduate program.
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