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 differently invidious, and infrequently 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 mostly unchecked, and has in truth 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 awareness to a “constitutional immigration legislation paradox” that reserves convinced rights for U.S. electorate purely, whereas concurrently purporting to regard everybody really below constitutional legislation despite citizenship.
As a naturalized Filipino American, Romero brings an outsider's point of view 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 different electorate and lawmakers), together with foreign-born adoptees, undocumented immigrants, travelers, overseas scholars, and same-gender bi-national companions. Romero endorses an equality-based interpreting of the structure and advocates a brand new theoretical and sensible process that protects the person rights of non-citizens with no sacrificing their personhood.
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Extra info for Alienated : immigrant rights, the constitution, and equality in America
For example, in distinguishing Mezei’s case from Kwong Hai Chew v. 38 Just as Chae Chan Ping and Fong Yue Ting appeared to have been driven by nativistic sentiments fueled by race prejudice against the Chinese,39 Knauff, Harisiades, and Mezei were decided under the specter of the burgeoning Cold War, when allegations of Communist Party affiliation were, for noncitizens, scarlet letters that could lead to summary exclusion. Just as it upheld the immigration powers of Congress and the executive against the asserted rights of Chinese nationals in the 1880–90s and foreign communist sympathizers in the 1950s, the Supreme Court has continued this trend against suspected terrorists in the late 1990s.
Upon his return, he was detained on Ellis Island as excludable, ostensibly for national security reasons, and therefore sought admission elsewhere. After he was denied entry in over a dozen countries, Mezei advised the INS that he would no longer seek to depart. ”32 In addition, these decisions renewed the hope that some constitutional individual rights claims could survive Knauff and Harisiades. However, upon appeal to the Supreme Court, Mezei followed precedent, and the Court overturned the lower courts’ decisions.
36 Perhaps with more advances in technology under way, the government will be able to finally let go of race and citizenship profiling as tools in the war against terrorism. 2. ” The issue here is the opposite of the terrorism question. ]37 Just as we have no technology for divining the next terrorist, nor do we have a device for helping us select the most loyal person for president. As in our terrorism calculus, we rely on proxies for loyalty. In the context of the presidency, Article 2, Section 1, Clause 5 of our Constitution38 requires that the president be a natural-born citizen or a citizen of the United States at the time of the adoption of the Constitution.
Alienated : immigrant rights, the constitution, and equality in America by Victor C. Romero