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

By Victor C. Romero

ISBN-10: 1429414847

ISBN-13: 9781429414845

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 sometimes unconstitutional, discrimination at the foundation of race. whereas racial discrimination isn't legally applicable this present day, profiling at the foundation of citizenship remains to be principally 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 legislations, Victor C. Romero attracts our cognizance to a “constitutional immigration legislation paradox” that reserves definite rights for U.S. electorate simply, whereas concurrently purporting to regard everyone relatively less than constitutional legislations despite citizenship.

As a naturalized Filipino American, Romero brings an outsider's point of view to Alienated, forcing us to examine constitutional immigration legislations from the vantage element of individuals whose citizenship prestige is murky (either legally or from the perspective 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 analyzing 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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Extra info for Alienated : immigrant rights, the constitution, and equality in America

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A “citizen-in-waiting”60 should not be treated that way, thought I and everyone to whom I have told the story. S. citizen. , very serious crimes) for purposes of deportation, reaching various, and sometimes inconsistent, results. ”), this very issue is being litigated by noncitizens’ counsel and government attorneys Equality for All as a Constitutional Mandate | 23 around the country. Like the assumption that it is easy to immigrate to the United States, like the myth that my failure to return to the United States in 1988 was really the Philippines’ doing, not America’s, and like my mistaken belief that the Latina INS officer would be sympathetic, the already complex rules governing noncitizens and immigration are rendered even more difficult by the even more complex interplay of race and privilege in American society.

50 Third, the government implicitly knows that by targeting immigration violators only,51 it likely has the support of the majority of the public still grieving after 9/1152 and the backing of constitutional immigration law, which has left decisions regarding the ingress and egress of noncitizens to the political branches. Despite the arguable efficiency of the Ashcroft plan, there are similarly strong reasons to be skeptical about immigration law’s ultimate effectiveness as an antiterrorist device.

S. nationals. S. citizen terrorists. S. citizen (as opposed to noncitizen) terrorist cells, except perhaps for the hounding of Dr. S. citizens. In response, the government might argue that its efforts, despite their sometimes great costs to individual noncitizens, redound to the benefit of the country writ large.

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