By Victor C. Romero
Throughout American heritage, 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 another way invidious, and infrequently unconstitutional, discrimination at the foundation of race. whereas racial discrimination is never legally applicable this present day, profiling at the foundation of citizenship continues to be mostly 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 legislation paradox” that reserves convinced rights for U.S. electorate in basic terms, whereas at the same time purporting to regard every person rather lower than constitutional legislations 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, overseas scholars, and same-gender bi-national companions. Romero endorses an equality-based analyzing of the structure and advocates a brand new theoretical and functional technique that protects the person rights of non-citizens with no sacrificing their personhood.
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Extra resources for Alienated : immigrant rights, the constitution, and equality in America
I objected that had I known that my visa would be denied, I would have not invested the time, money, and effort to move to Los Angeles to begin my graduate studies, but would have returned to Manila instead. I believe she said she was sorry, but she stood firmly behind her decision. I asked for her name and how I could appeal the decision. She said it was not the Embassy’s policy to give out names, but that I could file an appeal with her supervisor, which I did, to no avail. Like Chae Chan Ping and his counterparts in The Chinese Exclusion Case, even though I had a certificate to return, the Consular Officer had the discretion to deny me that opportunity if she thought I was an overstay risk.
We prefer the familiar. S. citizens and noncitizens (a narrower circle). Similarly, airport security burdens should be visited upon all airline passengers (a larger circle of travelers) rather than only upon Muslims and Arabs (a smaller racial and religious circle). But how do we convince the 57 percent of Americans45 who were in favor of profiling following the 9/11 attacks and the many more who are Immigrants and the War on Terrorism after 9/11 | 35 disinclined to eliminate the Presidential Eligibility Clause’s birthright-naturalized citizen distinction that drawing large circles of loyalty makes sense?
Even if technological advances permitted us to infallibly determine whether a noncitizen was a terrorist or not, would immigration law be used to either exclude that individual at the border or remove her from the country? ” On the one hand, ridding the nation of a dangerous individual prevents her from directly threatening the country; on the other, deporting the terrorist means she is still at large, allowing her to strike another day either directly (by entering without authorization across the border) or indirectly (by abetting a plan to be carried out by associates).
Alienated : immigrant rights, the constitution, and equality in America by Victor C. Romero