Democracy and Citizenship
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IMMIGRATION LAW BASICS How Does the United States Immigration System Work?
IMMIGRATION LAW BASICS How does the United States immigration system work? Multiple agencies are responsible for the execution of immigration laws. o The Immigration and Naturalization Service (“INS”) was abolished in 2003. o Department of Homeland Security . USCIS . CBP . ICE . Attorney General’s role o Department of Justice . EOIR . Attorney General’s role o Department of State . Consulates . Secretary of State’s role o Department of Labor . Employment‐related immigration Our laws, while historically pro‐immigration, have become increasingly restrictive and punitive with respect to noncitizens – even those with lawful status. ‐ Pro‐immigration history of our country o First 100 Years: 1776‐1875 ‐ Open door policy. o Act to Encourage Immigration of 1864 ‐ Made employment contracts binding in an effort to recruit foreign labor to work in factories during the Civil War. As some states sought to restrict immigration, the Supreme Court declared state laws regulating immigration unconstitutional. ‐ Some early immigration restrictions included: o Act of March 3, 1875: excluded convicts and prostitutes o Chinese Exclusion Act of 1882: excluded persons from China (repealed in 1943) o Immigration Act of 1891: Established the Bureau of Immigration. Provided for medical and general inspection, and excluded people based on contagious diseases, crimes involving moral turpitude and status as a pauper or polygamist ‐ More big changes to the laws in the early to mid 20th century: o 1903 Amendments: excluded epileptics, insane persons, professional beggars, and anarchists. o Immigration Act of 1907: excluded feeble minded persons, unaccompanied children, people with TB, mental or physical defect that might affect their ability to earn a living. -
Primer on Criminal-Immigration and Enforcement Provisions of USCA
U.S. Citizenship Act of 2021: A Brief Primer on the Criminal-Immigration and Enforcement Provisions1 I. Introduction This primer covers the key criminal-immigration and enforcement provisions of the USCA. The US Citizenship Act of 2021 (USCA, also referred to as the “Biden bill”) is an immigration bill introduced in the House on February 18, 20212 that would create a pathway to citizenship for undocumented people living in the United States who entered on or before January 1, 2021. TPS holders, farmworkers, and people who have DACA or who were eligible for status under the Dream Act would be eligible to become lawful permanent residents immediately. Other undocumented people could apply for a new form of lawful status called “Lawful Provisional Immigrant” (LPI) status. After five years as LPIs, they could then apply to become lawful permanent residents. The bill would also recapture unused visas dating from 1992; make spouses, children, and parents of lawful permanent residents “immediate relatives” (who are immediately eligible for visas and who do not count toward the cap); make anyone waiting more than 10 years immediately eligible for a visa; and increase the per-country limit from 7% to 20% to decrease backlogs. The USCA imposes new criminal bars to eligibility for the legalization program, on top of the already existing inadmissibility bars in current immigration law. It also encourages the construction of a “smart wall” and adds an additional ground for prosecution and penalties under 8 U.S.C. § 1324. The USCA also includes some positive criminal-immigration reforms, including redefining the term “conviction” for immigration purposes, increasing the number of petty offense exceptions 1 Publication of the National Immigration Project of the National Lawyers Guild (NIPNLG), 2020. -
Naturalized U.S. Citizens: Proving Your Child's Citizenship
Fact Sheet Naturalized U.S. Citizens: Proving Your Child’s Citizenship If you got your U.S. citizenship and you are a parent, your non-citizen children also become citizens in some cases. This is called “derived” citizenship. BUT you still need to get documents like a certificate of citizenship or a passport, to PROVE that your child is a citizen. This fact sheet will tell you the ways to get these documents. This fact sheet does not give information about the process of getting documents to prove citizenship for children born in the U.S., children born outside the U.S. to U.S. citizen parents, or children adopted by U.S. citizens. This fact sheet talks about forms found on the internet. If you don’t have a computer, you can use one at any public library. You can also call the agency mentioned and ask them to send you the form. When a parent becomes a citizen, are the children automatically citizens? The child may be a U.S. citizen if ALL these things are, or were, true at the same time: 1. The child is under 18 years old. 2. The child is a legal permanent resident of the U.S. (has a green card) 3. At least one of the parents is a U.S. citizen by birth or naturalization. If that parent is the father but not married to the other parent, talk to an immigration lawyer. 4. The citizen parent is the biological parent of the child or has legally adopted the child. -
Citizenship Denationalized (The State of Citizenship Symposium)
Indiana Journal of Global Legal Studies Volume 7 Issue 2 Article 2 Spring 2000 Citizenship Denationalized (The State of Citizenship Symposium) Linda Bosniak Rutgers Law School-Camden Follow this and additional works at: https://www.repository.law.indiana.edu/ijgls Part of the International Law Commons Recommended Citation Bosniak, Linda (2000) "Citizenship Denationalized (The State of Citizenship Symposium)," Indiana Journal of Global Legal Studies: Vol. 7 : Iss. 2 , Article 2. Available at: https://www.repository.law.indiana.edu/ijgls/vol7/iss2/2 This Symposium is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Journal of Global Legal Studies by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Citizenship Denationalized LINDA BOSNIAK° INTRODUCTION When Martha Nussbaum declared herself a "citizen of the world" in a recent essay, the response by two dozen prominent intellectuals was overwhelmingly critical.' Nussbaum's respondents had a variety of complaints, but central among them was the charge that the very notion of world citizenship is incoherent. For citizenship requires a formal governing polity, her critics asserted, and clearly no such institution exists at the world level. Short of the establishment of interplanetary relations, a world government is unlikely to take form anytime soon. A good thing too, they added, since such a regime would surely be a tyrannical nightmare.2 * Professor of Law, Rutgers Law School-Camden; B.A., Wesleyan University; M.A., University of California, Berkeley; J.D., Stanford University. -
Birthright Citizenship and the Alien Citizen
Fordham Law Review Volume 75 Issue 5 Article 10 2007 Birthright Citizenship and the Alien Citizen Mae M. Ngai Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Mae M. Ngai, Birthright Citizenship and the Alien Citizen, 75 Fordham L. Rev. 2521 (2007). Available at: https://ir.lawnet.fordham.edu/flr/vol75/iss5/10 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. Birthright Citizenship and the Alien Citizen Cover Page Footnote Professor of History, Columbia University. This article is available in Fordham Law Review: https://ir.lawnet.fordham.edu/flr/vol75/iss5/10 BIRTHRIGHT CITIZENSHIP AND THE ALIEN CITIZEN Mae M. Ngai* The alien citizen is an American citizen by virtue of her birth in the United States but whose citizenship is suspect, if not denied, on account of the racialized identity of her immigrant ancestry. In this construction, the foreignness of non-European peoples is deemed unalterable, making nationality a kind of racial trait. Alienage, then, becomes a permanent condition, passed from generation to generation, adhering even to the native-born citizen. Qualifiers like "accidental" citizen,1 "presumed" citizen,2 or even "terrorist" citizen3 have been used in political and legal arguments to denigrate, compromise, and nullify the U.S. citizenship of "unassimilable" Chinese, "enemy-race" Japanese, Mexican .aA X4 -1,;- otreit." "illegal aliens," 1.1 -U1 .-O-.. -
Same-Sex Marriage, Second-Class Citizenship, and Law's Social Meanings Michael C
Cornell Law Library Scholarship@Cornell Law: A Digital Repository Cornell Law Faculty Publications Faculty Scholarship 10-1-2011 Same-Sex Marriage, Second-Class Citizenship, and Law's Social Meanings Michael C. Dorf Cornell Law School, [email protected] Follow this and additional works at: http://scholarship.law.cornell.edu/facpub Part of the Civil Rights and Discrimination Commons, Constitutional Law Commons, and the Law and Society Commons Recommended Citation Dorf, Michael C., "Same-Sex Marriage, Second-Class Citizenship, and Law's Social Meanings" (2011). Cornell Law Faculty Publications. Paper 443. http://scholarship.law.cornell.edu/facpub/443 This Article is brought to you for free and open access by the Faculty Scholarship at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Faculty Publications by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. ARTICLES SAME-SEX MARRIAGE, SECOND-CLASS CITIZENSHIP, AND LAW'S SOCIAL MEANINGS Michael C. Dorf and symbols that carry the G socialOVERNMENT meaning ofacts, second-class statements, citizenship may, as a conse- quence of that fact, violate the Establishment Clause or the constitu- tional requirement of equal protection. Yet social meaning is often contested. Do laws permitting same-sex couples to form civil unions but not to enter into marriage convey the social meaning that gays and lesbians are second-class citizens? Do official displays of the Confederate battle flag unconstitutionallyconvey supportfor slavery and white supremacy? When public schools teach evolution but not creationism, do they show disrespect for creationists? Different au- diences reach different conclusions about the meaning of these and other contested acts, statements, and symbols. -
Children's Right to a Nationality
OPEN SOCIETY JUSTICE INITIATIVE Children’s right to a nationality Statelessness affects more than 12 million people around the world, among whom the most vulnerable are children. The Open Society Justice Initiative estimates that as many as 5 million may be minors. The consequences of lack of nationality are numerous and severe. Many stateless children grow up in extreme poverty and are denied basic rights and services such as access to education and health care. Stateless children‟s lack of identity documentation limits their freedom of movement. They are subject to arbitrary deportations and prolonged detentions, are vulnerable to social exclusion, trafficking and exploitation—including child labor. Despite its importance, children‟s right to a nationality rarely gets the urgent attention it needs. Children’s right to nationality The right to a nationality is protected under At the very least, the right to acquire a nationality under international law. The Universal Declaration of Human the CRC should be understood to mean that children Rights provides a general right to nationality under have a right to nationality in their country of birth if article 15. The international human rights treaties— they do not acquire another nationality from birth—in including the Convention on the Rights of the Child other words, if they would otherwise be stateless. In (CRC) and the International Covenant on Civil and fact, this particular principle is recognized in regional Political Rights (ICCPR)—as well as the Convention on systems as well as in the Convention on the Reduction the Reduction of Statelessness, provide particular norms of Statelessness. -
How Ancient Greece and Rome Provide Insight for Citizenship and Immigration in the 21St Century
Xavier University Exhibit Honors Bachelor of Arts Undergraduate 2019-4 Comparing Ancient to Modern: How Ancient Greece and Rome Provide Insight for Citizenship and Immigration in the 21st Century Viktoria Schumacher Follow this and additional works at: https://www.exhibit.xavier.edu/hab Part of the Ancient History, Greek and Roman through Late Antiquity Commons, Ancient Philosophy Commons, Classical Archaeology and Art History Commons, Classical Literature and Philology Commons, and the Other Classics Commons Comparing Ancient to Modern: How Ancient Greece and Rome Provide Insight for Citizenship and Immigration in the 21st Century Viktoria Schumacher CPHAB Senior Thesis Xavier University 2019 Director: Thomas Strunk Readers: Jay Arns and Tim Severyn 1 Introduction Migration plays an extremely vital role in the advancement of human societies. Despite our world’s staggering history with immigration, the conversation about how to manage current issues has fallen flat. Patterns of immigration have demonstrated that the number of migrants, especially refugees, has peaked in the 21st century, and numbers are still raising steadily.1 The increase is caused by an abundance of factors, including major events such as the Syrian refugee crisis, harmful or unfavorable political climates, and ongoing gang violence in Mexico and Central America. These issues have gone largely unsolved, causing immense suffering resulting in millions of people to migrate out of their home countries. Movement away from home due to tumultuous times is not a new concept. In fact, migration history demonstrates that major movement of people is a characteristic of our world. I posit that looking at migration in our past as well as examining its effects on different societies will offer a perspective that has otherwise been ignored. -
Between Democracy and Citizenship
Between democracy and citizenship The political discussion about foreigners’ suffrage in the Netherlands 1970-2000 Research master thesis Modern History Utrecht University Erwin van ‘t Hof – 3904237 Supervisor: Prof. Dr. Lex Heerma van Voss Second Assessor: Prof. Dr. Ido de Haan Contents Introduction 1 1. Democracy, citizenship and suffrage 6 1.1 Between democracy and citizenship 6 1.2 The Democratic citizen paradox 9 1.3 Denizenship and postnational argumentation 10 2. Methodology and sources 13 2.1 Analysing politics 13 2.2 Political reactions 14 2.3 Ideologies as analytical tool 17 2.4 Freeden and Jacobs combined 19 2.5 The implications of language 21 2.6 Left and Right 22 2.7 Interoperating constitutional change 23 2.8 Sources 24 3. 1945-1979: The Dutch minority policy since the Second World War 28 3.1 Temporary migrants 29 3.2 A radical change 33 3.3 Chapter Summary 36 4. 1970-1977: A proposition from the left 38 4.1 Humble beginnings 38 4.2 Plenary debut 43 4.3 A careful proposal to change the constitution 45 4.4 The debate in Rotterdam 49 4.5 Chapter summary 52 5. 1977-1986: The right takes initiative 55 5.1 Moluccans as catalyst for change 55 5.2 Reluctance and doubts 57 5.3 Breaking the political impasse 61 5.4 The regular bill 64 5.5 Illegality and minimal term of residence 66 5.6 Chapter Summary 71 6. 1986-2000: Information campaign, elections and political aftermath 74 6.1 Living together, voting together 74 6.2 Foreigners’ suffrage and double nationality 81 6.3 Supralocal Foreigners’ suffrage fades away 86 6.4 Chapter Summary 89 Concluding remarks 93 Bibliography 97 Appendix: composition of the Dutch Parliament Since 1945 105 Cover picture: a Turkish woman casts her vote in a ballot box during the local elections in Leerdam held on 27th of November 1985. -
History of Citizenship
Green-Schools Global Citizenship HISTORY OF CITIZENSHIP The first form of citizenship was based on the way people lived in ancient Greece, in small- scale organic communities of the polis. The responsibilities and duties of citizenship were deeply connected with everyday life in the polis. This form of citizenship was based on the obligations of citizens towards the community, rather than rights given to the citizens of the community. In those days, people’s own destiny and the destiny of the community were strongly linked. In ju’di’cial (adjective) addition, by fulfilling their obligations to the 1. relating to judges Relating or belonging to a body of community, citizens earned respect and honour. In judges or to the system that Athens, citizens were both ruler and ruled. Important administers justice political and judicial offices were rotated and all citizens had the right to speak and vote in the political assembly. However, an important aspect of polis citizenship was exclusivity. Citizenship in ancient Greece and Rome (as well as in medieval cities that practiced polis citizenship) was exclusive and equality of status did not exist. This was very acceptable at the time. Citizenship was only given to some; and those who had it, had a much higher status than non-citizens. Women and slaves were never afforded citizenship as they were thought to be incapable of making rational decisions and participating politically. The decision to determine if someone was worthy of citizenship What is a polis? - The word ‘polis’ originates from ancient was often based on their Greece. It is a city or city-state. -
The Philosophical Foundations of Friendship in the Works Of
Lesley University DigitalCommons@Lesley Educational Studies Dissertations Graduate School of Education (GSOE) 2012 A Living Citizenship Model for the Public Schools: The hiP losophical Foundations of Friendship in the Works of Epicurus and Ralph Waldo Emerson Debra Sherblom Lesley University Follow this and additional works at: https://digitalcommons.lesley.edu/education_dissertations Part of the American Studies Commons, Education Commons, and the Philosophy Commons Recommended Citation Sherblom, Debra, "A Living Citizenship Model for the Public Schools: The hiP losophical Foundations of Friendship in the Works of Epicurus and Ralph Waldo Emerson" (2012). Educational Studies Dissertations. 48. https://digitalcommons.lesley.edu/education_dissertations/48 This Dissertation is brought to you for free and open access by the Graduate School of Education (GSOE) at DigitalCommons@Lesley. It has been accepted for inclusion in Educational Studies Dissertations by an authorized administrator of DigitalCommons@Lesley. For more information, please contact [email protected]. A Living Citizenship Model for the Public Schools: The Philosophical Foundations of Friendship in the Works of Epicurus and Ralph Waldo Emerson A Dissertation by Debra Sherblom In partial fulfillment of requirements for The Degree of Doctor of Philosophy Lesley University Spring 2012 2 Abstract In an interdisciplinary, hermeneutical study using primary and secondary documents from history, philosophy, political theory, and critical pedagogy, the dissertation focuses on dialogue, friendship, and citizenship. The philosophical foundations of friendship in the works of Epicurus and Ralph Waldo Emerson are discussed. Included in the study is the history of citizenship and analysis of works on dialogue and community. A critical consciousness is significant for real dialogue to precipitate friendship. -
Free Movement of Persons
FREE MOVEMENT OF PERSONS Freedom of movement and residence for persons in the EU is the cornerstone of Union citizenship, established by the Treaty of Maastricht in 1992. The gradual phasing-out of internal borders under the Schengen agreements was followed by the adoption of Directive 2004/38/EC on the right of EU citizens and their family members to move and reside freely within the EU. Notwithstanding the importance of this right, substantial implementation obstacles persist. LEGAL BASIS Article 3(2) of the Treaty on European Union (TEU); Article 21 of the Treaty on the Functioning of the European Union (TFEU); Titles IV and V of the TFEU; Article 45 of the Charter of Fundamental Rights of the European Union. OBJECTIVES The concept of the free movement of persons has changed in meaning since its inception. The first provisions on the subject, in the 1957 Treaty establishing the European Economic Community , covered the free movement of workers and freedom of establishment, and thus individuals as employees or service providers. The Treaty of Maastricht introduced the notion of EU citizenship to be enjoyed automatically by every national of a Member State. It is this EU citizenship that underpins the right of persons to move and reside freely within the territory of the Member States. The Lisbon Treaty confirmed this right, which is also included in the general provisions on the Area of Freedom, Security and Justice. ACHIEVEMENTS A. The Schengen area The key milestone in establishing an internal market with free movement of persons was the conclusion of the two Schengen agreements, i.e.