Alienated : immigrant rights, the constitution, and equality - download pdf or read online

By Victor C. Romero

ISBN-10: 0814775683

ISBN-13: 9780814775684

ISBN-10: 1429414847

ISBN-13: 9781429414845

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.

Show description

Read Online or Download Alienated : immigrant rights, the constitution, and equality in America PDF

Best civil rights books

Read e-book online Virginia Hasn't Always Been for Lovers: Interracial Marriage PDF

This landmark quantity chronicles the background of legislation banning interracial marriage within the usa with specific emphasis at the case of Richard and Mildred Loving, a white guy and a black girl who have been convicted by means of the country of Virginia of the crime of marrying throughout racial strains within the overdue Nineteen Fifties.

Criminally Queer: Homosexuality and Criminal Law in by Jens Rydström, Kati Mustola PDF

This ebook offers a coherent heritage of legal legislation and homosexuality in Scandinavia from 1842 to 1999, a interval in which same-sex love was once outlawed or topic to serious felony regulations within the Scandinavian penal codes. This was once the case in such a lot international locations in Northern Europe, however the booklet argues that the advance in Scandinavia was once various, in part decided by way of the constitution of the welfare nation.

From Partners to Parents: The Second Revolution in Family - download pdf or read online

Studying the sizeable alterations that experience happened in households, relatives study, and family members legislation over the past two decades, this quantity describes a paradigm shift within the felony and social rules of the kin from an emphasis on companions' relationships with one another to an emphasis on mom and dad' relationships to their young ones.

Get Congress, the Supreme Court, and Religious Liberty: The Case PDF

Within the case urban of Boerne v. Flores, the perfect court docket struck down the non secular Freedom recovery Act of 1993. Waltman bargains the 1st book-length research of the act to teach how this situation contributes to an excessive criminal debate nonetheless ongoing at the present time: Can and will the perfect court docket be the particular interpreter of the structure?

Extra info for Alienated : immigrant rights, the constitution, and equality in America

Example text

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.

Download PDF sample

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


by William
4.1

Rated 4.25 of 5 – based on 44 votes