Alien (law)

In law, an alien is a person who is not a citizen or national of a given country,[1][2] though definitions and terminology differ to some degree depending on the continent or region of the world. The term "alien" basically means a foreign national.[3]

Lexicology

The term "alien" is derived from the Latin alienus, meaning stranger, foreign, etym. "belonging (somewhere) else". Similar terms to "alien" in this context include foreigner and lander.[4]

Categories

Different countries around the world use varying terms for aliens. The following are several types of aliens:

  • a legal alien is a foreign national who is permitted by law to be in the host country. This is a very broad category which includes permanent residents, temporary residents, and visa holders or foreign visitors.
    • a resident alien is a person who has permission by the government to reside and work in the country.[5]
    • a nonresident alien is a foreign national who is visiting a country as a tourist (e.g., for pleasure, for studies, on business, to receive medical treatment, to attend a conference or a meeting, as entertainers or sportspeople, and so forth).
  • an illegal alien is any foreign national inside a country where he or she has no legal right to be.[6] It covers a foreign national who has entered the country through illegal migration.[7] In some countries it also covers an alien who entered the country lawfully but subsequently fallen out of that legal status.[8][9]
  • an enemy alien is a foreign national of a country that is at war with the host country.

Common law jurisdictions

An "alien" in English law denoted any person born outside of the monarch's dominions and who did not owe allegiance to the monarch. Aliens were not allowed to own land and were subject to different taxes to subjects.[10] This idea was passed on in the Commonwealth to other common law jurisdictions.

Australia

In Australia, citizenship is defined in the Australian nationality law. Non-citizens in Australia are either permanent residents; temporary residents; or illegal residents (technically called "unlawful non-citizens").[11] Most non-citizens (including those who lack citizenship documents) traveling to Australia must obtain a visa prior to travel. The only exceptions to this rule are holders of New Zealand passports and citizenship, who may apply for a visa on arrival according to the Trans-Tasman Travel Arrangement.[12]

Canada

In Canada, the term "alien" is not used in federal statues. Instead, the term "foreign national" serves as its equivalent and is found in legal documents. The Immigration and Refugee Protection Act defines "foreign national" as "a person who is not a Canadian citizen or a permanent resident, and includes a stateless person."[13]

United Kingdom

In the United Kingdom, the British Nationality Act of 1981 defines an alien as a person who is not a British citizen, a citizen of Ireland, a Commonwealth citizen, or a British protected person.[14] The Aliens Act of 1905, the British Nationality and Status of Aliens Act of 1914 and the Aliens Restriction (Amendment) Act of 1919 were all products of the turbulence in the early part of the 20th century.

United States

"WARNING - ALIENS - ARMY SERVICE FORCES". (Provost Marshall General) - NARA - 516037
World War II poster from the United States.

Under the Immigration and Nationality Act (INA) of the United States, "[t]he term 'alien' means any person not a citizen or national of the United States."[15][1] Every foreign national, including a refugee or an asylum seeker, is considered as an alien unless his or her status has been lawfully upgraded.[16][3][17][18]

A lawful permanent resident (LPR) of the United States is not a foreign national but explicitly referred to as a legal immigrant,[3][5][19] especially if he or she was previously admitted as a refugee under 8 U.S.C. § 1157(c).[16] Longtime LPRs can at any time claim to be nationals of the United States (i.e., Americans), which requires a case-by-case analysis and depends mainly on the number of continuous years such LPRs have physically spent in the United States.[20][21][22]

The usage of the term "alien" dates back to 1798, when it was used in the Alien and Sedition Acts.[23] Although the INA provides no overarching explicit definition of the term "illegal alien", it is mentioned in a number of provisions under title 8.[6] Several provisions even mention the term "unauthorized alien".[24] According to PolitiFact, the term "illegal alien" occurs in federal law, but does so scarcely.[25] PolitiFact notes that, "where the term does appear, it’s undefined or part of an introductory title or limited to apply to certain individuals convicted of felonies."[25]

Because the U.S. law says that a corporation is a person, the term alien is not limited to natural humans because what are colloquially called foreign corporations are technically called alien corporations. Because corporations are creations of local state law, a foreign corporation is an out-of-state corporation.

There are a multitude of unique and highly complex U.S. domestic tax laws and regulations affecting the U.S. tax residency of foreign nationals, both nonresident aliens and resident aliens, in addition to income tax and social security tax treaties and Totalization Agreements.[26]

Other jurisdictions

Arab states

In the Arab states of the Persian Gulf (United Arab Emirates, Saudi Arabia, Kuwait, Oman, Bahrain, Qatar, etc.), many non-natives (foreigners) have lived in the region since birth or since independence. However, these Arab states of the Persian Gulf do not easily grant citizenship to the non-natives.[27][28][29]

Latvia

On Latvian passports, the mark nepilsoņi (alien) refers to non-citizens or former citizens of the Soviet Union (USSR) who do not have voting rights for the parliament of Latvia but have rights and privileges under Latvian law and international bilateral treaties, such as the right to travel without visas to both the European Union and Russia, where latter is not possible for Latvian citizens.

See also

References

  1. ^ a b Garner, Bryan A. (June 25, 2009). alien (9th ed.). Black's Law Dictionary. p. 84. ISBN 0-314-19949-7. Retrieved 2018-08-17. A person who resides within the borders of a country but is not a citizen or subject of that country; a person not owing allegiance to a particular nation. - In the United States, an alien is a person who was born outside the jurisdiction of the United States, who is subject to some foreign government, and who has not been naturalized under U.S. law.
  2. ^ "alien". Webster’s Dictionary of Law. law.academic.ru. 1996. Retrieved August 17, 2018.
  3. ^ a b c 52 U.S.C. § 30121(b) (explaining that "the term 'foreign national' means—.... (2) an individual who is not a citizen of the United States or a national of the United States (as defined in section 1101(a)(22) of title 8) and who is not lawfully admitted for permanent residence, as defined by section 1101(a)(20) of title 8.").
  4. ^ Van Houtum, Henk. "The mask of the border." The Routledge Research Companion to Border Studies. Routledge, 2016. 71-84.
  5. ^ a b 8 U.S.C. § 1101(a)(20) ("The term 'lawfully admitted for permanent residence' means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant ....") (emphasis added).
  6. ^ a b See, e.g., 8 U.S.C. § 1252c(a)(1); 8 U.S.C. § 1330(b)(3)(A)(iii); 8 U.S.C. § 1356(r)(3)(ii); 8 U.S.C. § 1365(b) ("An illegal alien ... is any alien ... who is in the United States unlawfully...."); 8 U.S.C. § 1366.
  7. ^ "Immigration Terms and Definitions Involving Aliens". United States: Internal Revenue Service (IRS). Retrieved July 3, 2016.
  8. ^ "Homeland Security: More than 600,000 foreigners overstayed U.S. visas in 2017". USA Today. August 7, 2018. Retrieved 2018-10-16.
  9. ^ "DHS: 700K-plus Overstayed US Visas Last Year". Voice of America (VOA). August 7, 2018. Retrieved 2018-10-16.
  10. ^ William Blackstone, Commentaries on the Laws of England (1753), Book 1, Chapter 10
  11. ^ Key Issue 5. Citizenship Fact Sheet 5.2 Citizenship in Australia Retrieved 2012-03-05.
  12. ^ "Australia's Visitor and Temporary Entry Provisions" (PDF). Joint Standing Committee on Migration, Parliament of Australia. September 27, 1999. Archived from the original (PDF) on June 29, 2011. Retrieved July 20, 2011.
  13. ^ Immigration and Refugee Protection Act (S.C. 2001, c. 27)
  14. ^ section 51, British Nationality Act 1981
  15. ^ 8 U.S.C. § 1101(a)(3) (emphasis added); 8 U.S.C. § 1101(a)(22) ("The term 'national of the United States' means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States."); Ricketts v. Att'y Gen., 897 F.3d 491, 493-94 n.3 (3d Cir. 2018) ("Citizenship and nationality are not synonymous."); Jennings v. Rodriguez, 583 U.S. ___, ___-___ (2018), 138 S.Ct. 830, 855-56 (2018) (Justice Thomas concurring) ("The term 'or' is almost always disjunctive, that is, the [term]s it connects are to be given separate meanings.").
  16. ^ a b 8 U.S.C. § 1182(h); Matter of J-H-J-, 26 I&N Dec. 563, 564-65 (BIA 2015) (collecting court cases); see also 8 U.S.C. § 1157(c) ("Admission by Attorney General of refugees...."); see also 8 U.S.C. § 1159(a) ("Inspection and examination by Department of Homeland Security"); Ahmadi v. Ashcroft, et al., No. 03-249 (E.D. Pa. Feb. 19, 2003) ("Petitioner in this habeas corpus proceeding, entered the United States on September 30, 1982 as a refugee from his native Afghanistan. Two years later, the Immigration and Naturalization Service (the 'INS') adjusted Petitioner's status to that of a lawful permanent resident.") (Baylson, District Judge); Ahmadi v. Att'y Gen., 659 F. App'x 72 (3d Cir. 2016); Jaghoori v. Holder, 772 F.3d 764 (4th Cir. 2014).
  17. ^ See generally 8 U.S.C. § 1101(a)(13)(C)(v) (eff. 1996); see also Matter of Campos-Torres, 22 I&N Dec. 1289 (BIA 2000) (en banc).
  18. ^ 8 U.S.C. § 1229a(e)(2) ("The term 'removable' means—(A) in the case of an alien not admitted to the United States, that the alien is inadmissible under section 1182 of this title, or (B) in the case of an alien admitted to the United States, that the alien is deportable under section 1227 of this title."); see also Tima v. Att'y Gen., 903 F.3d 272, 277 (3d Cir. 2018) ("Section 1227 defines '[d]eportable aliens,' a synonym for removable aliens.... So § 1227(a)(1) piggybacks on § 1182(a) by treating grounds of inadmissibility as grounds for removal as well."); Lolong v. Gonzales, 484 F.3d 1173, 1177 n.2 (9th Cir. 2007) (noting that "the terms 'deportable' and 'deportation' can be used interchangeably with the terms 'removable' and 'removal,' respectively.").
  19. ^ "60 FR 7885: ANTI-DISCRIMINATION" (PDF). U.S. Government Publishing Office. February 10, 1995. p. 7888. Retrieved 2019-01-30. Our efforts to combat illegal immigration must not violate the privacy and civil rights of legal immigrants and U.S. citizens.
  20. ^ See generally 8 U.S.C. § 1101(a)(23) ("The term 'naturalization' means the conferring of nationality of [the] [United States] upon a person after birth, by any means whatsoever.") (emphasis added); 8 U.S.C. § 1436 ("A person not a citizen who owes permanent allegiance to the United States, and who is otherwise qualified, may, if he becomes a resident of any State, be naturalized upon compliance with the applicable requirements of this subchapter...."); 8 U.S.C. § 1452(b) ("Application to Secretary of State for certificate of non-citizen national status; proof; oath of allegiance"); 22 C.F.R. 51.1 ("U.S. non-citizen national means a person on whom U.S. nationality, but not U.S. citizenship, has been conferred at birth under 8 U.S.C. 1408, or under other law or treaty, and who has not subsequently lost such non-citizen nationality.") (emphasis added); Ricketts v. Att'y Gen., 897 F.3d 491 (3d Cir. 2018) ("When an alien faces removal under the Immigration and Nationality Act, one potential defense is that the alien is not an alien at all but is actually a national of the United States."); Saliba v. Att'y Gen., 828 F.3d 182, 189 (3d Cir. 2016) ("Significantly, an applicant for naturalization has the burden of proving 'by a preponderance of the evidence that he or she meets all of the requirements for naturalization.'"); see also TRW Inc. v. Andrews, 534 U.S. 19, 31 (2001) ("It is a cardinal principle of statutory construction that a statute ought, upon the whole, to be so construed that, if it can be prevented, no clause, sentence, or word shall be superfluous, void, or insignificant.") (internal quotation marks omitted).
  21. ^ Khalid v. Sessions, 904 F.3d 129, 131 (2d Cir. 2018) (an LPR proved himself to be a national of the United States); Jaen v. Sessions, 899 F.3d 182, 190 (2d Cir. 2018) (same); Anderson v. Holder, 673 F.3d 1089, 1092 (9th Cir. 2012) (same); see also Dent v. Sessions, 900 F.3d 1075, 1080 (9th Cir. 2018) ("An individual has third-party standing when [(1)] the party asserting the right has a close relationship with the person who possesses the right [and (2)] there is a hindrance to the possessor's ability to protect his own interests.") (quoting Sessions v. Morales-Santana, 582 U.S. ___, ___, 137 S.Ct. 1678, 1689 (2017)) (internal quotation marks omitted); Gonzalez-Alarcon v. Macias, 884 F.3d 1266, 1270 (10th Cir. 2018).
  22. ^ Landon v. Plasencia, 459 U.S. 21, 32 (1982) (reminding that "once an alien gains admission to our country and begins to develop the ties that go with permanent residence, his constitutional status changes accordingly.").
  23. ^ "Alien and Sedition Acts". Ourdocuments.gov. Retrieved November 23, 2011.
  24. ^ 8 U.S.C. § 1324a(h)(3)
  25. ^ a b "Is 'illegal alien' a term in federal law?". @politifact. Retrieved 2019-02-26.
  26. ^ "Foreign Nationals: Non-Resident Aliens and Resident Aliens". Protax Consulting Services.
  27. ^ Habboush, Mahmoud. "Call to naturalise some expats stirs anxiety in the UAE".
  28. ^ "Say no to expats calling for Saudi citizenship". November 24, 2013.
  29. ^ "GCC Citizenship Debate: A Place To Call Home - Gulf Business". January 5, 2014.

External links

17th GLAAD Media Awards

17th Annual GLAAD Media Awards (2006) were presented at four separate ceremonies: March 27 in New York City; April 8 at the Kodak Theatre in Los Angeles; May 25 in Miami; and June 10 in San Francisco. The awards were presented to honor "fair, accurate and inclusive" representations of gay individuals in the media.

Alienism

Alienism may refer to:

An obsolete term for psychiatry, the study and treatment of mental illnesses

Alien (law), a person who resides within the borders of a country and is not a national of that country

Arizona SB 1070

The Support Our Law Enforcement and Safe Neighborhoods Act (introduced as Arizona Senate Bill 1070 and thus often referred to simply as Arizona SB 1070) is a 2010 legislative Act in the U.S. state of Arizona that at the time of passage in 2010 was the broadest and strictest anti-illegal immigration measure passed in the United States. It has received international attention and has spurred considerable controversy.U.S. Federal law requires aliens older than 18 to possess proper identification at all times; violation of this requirement is a federal misdemeanor crime. The Arizona act additionally made it a state misdemeanor crime for an alien to be in Arizona without carrying the required documents, required that state law enforcement officers attempt to determine an individual's immigration status during a "lawful stop, detention or arrest", when there is reasonable suspicion that the individual is an illegal immigrant. The law barred state or local officials or agencies from restricting enforcement of federal immigration laws, and imposed penalties on those sheltering, hiring and transporting unregistered aliens. The paragraph on intent in the legislation says it embodies an "attrition through enforcement" doctrine.Critics of the legislation say it encourages racial profiling, while supporters say the law prohibits the use of race as the sole basis for investigating immigration status. The law was modified by Arizona House Bill 2162 within a week of its signing with the goal of addressing some of these concerns. There have been protests in opposition to the law in over 70 U.S. cities, including boycotts and calls for boycotts of Arizona.The Act was signed into law by Governor Jan Brewer on April 23, 2010. It was scheduled to go into effect on July 29, 2010, ninety days after the end of the legislative session. Legal challenges over its constitutionality and compliance with civil rights law were filed, including one by the United States Department of Justice, that also asked for an injunction against enforcement of the law. The day before the law was to take effect, a federal judge issued a preliminary injunction that blocked the law's most controversial provisions. In June 2012, the U.S. Supreme Court ruled on the case Arizona v. United States, upholding the provision requiring immigration status checks during law enforcement stops but striking down three other provisions as violations of the Supremacy Clause of the United States Constitution.

Citizens’ Rights Directive

The Citizens’ Rights Directive 2004/38/EC (also sometimes called the "Free Movement Directive") defines the right of free movement for citizens of the European Economic Area (EEA), which includes the member states of the European Union (EU) and the three European Free Trade Association (EFTA) members Iceland, Norway and Liechtenstein. Switzerland, which is a member of EFTA but not of the EEA, is not bound by the Directive but rather has a separate bilateral agreement on free movement with the EU.

It consolidated older regulations and directives, and extended the rights of unmarried couples. It gives EEA citizens the right of free movement and residence across the European Economic Area, as long as they are not an undue burden on the country of residence and have comprehensive health insurance. This right also extends to close family members that are not EEA citizens.

After five years, the right of residence becomes permanent, which means it does not depend on any precondition any longer.

Enemy alien

In customary international law, an enemy alien is any native, citizen, denizen or subject of any foreign nation or government with which a domestic nation or government is in conflict and who are liable to be apprehended, restrained, secured and removed. Usually, but not always, the countries are in a state of declared war.

Expatriate

An expatriate (often shortened to expat) is a person temporarily or permanently residing in a country other than their native country. In common usage, the term often refers to professionals, skilled workers, or artists taking positions outside their home country, either independently or sent abroad by their employers, who can be companies, universities, governments, or non-governmental organisations. Effectively migrant workers, they usually earn more than they would at home, and more than local employees. However, the term 'expatriate' is also used for retirees and others who have chosen to live outside their native country. Historically, it has also referred to exiles.

Foreign born

Foreign-born (also non-native) people are those born outside of their country of residence. Foreign born are often non-citizens, but many are naturalized citizens of the country in which they live, and others are citizens by descent, typically through a parent.

The term foreign born encompasses both immigrants and expatriates but is not synonymous with either. Foreign born may, like immigrants, have committed to living in a country permanently or, like expatriates, live abroad for a significant period with the plan to return to their birth-country eventually.

The status of foreign born — particularly their access to citizenship — differs globally. The large groups of foreign-born guest workers in Arab states of the Persian Gulf, for example, have no right to citizenship no matter the length of their residence. In Canada, Australia and the United States, by contrast, foreign born are often citizens or in the process of becoming citizens. Certain countries have intermediary rules: in Germany and Japan it is often difficult but not impossible for the foreign born to become citizens.

Foreigner

Foreigner may refer to:

Alien (law), a person in a country who is not a citizen or permanent resident of that country. It does generally not include a stateless individual.

Gaijin

Gaijin (外人, [ɡai(d)ʑĩɴ]; "outsider", "alien", "Non-Japanese") is a Japanese word for foreigners and non-Japanese. The word is composed of two kanji: gai (外, "outside") and jin (人, "person"). Similarly composed words that refer to foreign things include gaikoku (外国, "foreign country") and gaisha (外車, "foreign car"). The word can refer to nationality, race or ethnicity, concepts generally conflated in Japan.

Some feel the word has come to have a negative or pejorative connotation, while other observers maintain it is neutral or even positive. Gaikokújin (外国人, [gaikokɯꜜ(d)ʑĩɴ]; "foreign-country person") is a more neutral and somewhat more formal term widely used in the Japanese government and in media.

Illegal Alien

Illegal Alien or Illegal Aliens may refer to:

Alien (law), legal concept of aliens

Illegal Aliens (film), a 2007 film starring Anna Nicole Smith and Chyna

Illegal Aliens (novel), a 1989 science fiction novel by Nick Pollotta and Phil Foglio

Illegal Alien (Sawyer novel), a 1997 science fiction novel by Robert J. Sawyer

Illegal Alien (Tucker and Perry novel), a 1997 Doctor Who novel by Mike Tucker & Robert Perry

Illegal Alien, a graphic novel published by Kitchen Sink and Dark Horse, by James Robinson

"Illegal Alien" (song), the 5th track on the album Genesis by Genesis (1983)

Luis Guzmán

Luis Guzmán (born August 28, 1956) is a Puerto Rican actor, who is known for his character work. For much of Guzmán's career, he has played character roles largely as sidekicks, thugs, and policemen.

Guzmán starred in Steven Soderbergh's films Out of Sight, The Limey and Traffic. He also starred in Paul Thomas Anderson's films, Boogie Nights, Magnolia and Punch-Drunk Love. He starred in the HBO original series How to Make It in America and the Netflix series Narcos. He also starred in the CBS medical drama Code Black, where he portrayed senior nurse Jesse "Mama" Salander. He also co-starred on Cameron Crowe's Roadies, a comedy-drama on Showtime, as Gooch, a seasoned crew tour bus driver.

Morosi

Morosi (or Moorosi; died 20 November 1879) was a Baphuthi chief in the wild southern part of Basutoland.

He led a revolt against the Cape Colony government in 1879, in defence of his independence south of the Orange River. The British refused to help the Cape Government. However, Letsie, the paramount chief and first son of Moshoeshoe, and many of the Sotho ruling establishment, rallied to support the Cape forces, and the rebellion was put down after several months of arduous fighting. He was beheaded and his body mutilated by Cape troops.

Non-citizens (disambiguation)

Non-citizens:

Non-citizens (Latvia)

Non-citizens (Estonia)

Alien (law)

Roper v. Simmons

Roper v. Simmons, 543 U.S. 551 (2005), was a landmark decision in which the Supreme Court of the United States held that it is unconstitutional to impose capital punishment for crimes committed while under the age of 18. The 5–4 decision overruled Stanford v. Kentucky, in which the court had upheld execution of offenders at or above age 16, and overturned statutes in 25 states.

Vision (Aarkus)

This article is about the original 1940s Vision. For the modern-day comic-book character, see Vision (Marvel Comics).The Vision (Aarkus) is a fictional superhero appearing in American comic books published by Marvel Comics. Created by the writer Joe Simon and artist Jack Kirby, the character first appeared during the Golden Age of comic books in Marvel Mystery Comics #13 (Nov. 1940), published by Marvel predecessor Timely Comics.

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