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

By Victor C. Romero

ISBN-10: 0814775683

ISBN-13: 9780814775684

ISBN-10: 1429414847

ISBN-13: 9781429414845

Throughout American historical past, 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 day, profiling at the foundation of citizenship remains 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 realization to a “constitutional immigration legislation paradox” that reserves convinced rights for U.S. electorate simply, whereas at the same time purporting to regard every person rather below constitutional legislation despite citizenship.

As a naturalized Filipino American, Romero brings an outsider's viewpoint 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 voters and lawmakers), together with foreign-born adoptees, undocumented immigrants, travelers, international scholars, and same-gender bi-national companions. Romero endorses an equality-based studying of the structure and advocates a brand new theoretical and useful method that protects the person rights of non-citizens with no sacrificing their personhood.

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S. Embassy in Manila while I was home. I asked the ISO personnel whether they thought my lapsed visa would raise red flags and they assured me it would not because I was legitimately enrolled in a graduate program. S. Embassy to renew my student visa. S. law degree, since I would not be able to practice law either in America (I would need a 18 | Equality for All as a Constitutional Mandate different visa for that) or the Philippines (which requires that one complete law school there). Naively, but in all sincerity, I responded that I had not thought that one through, but in the meantime I found valuable the education I was receiving.

There is great benefit to preventing another terrorist attack and the cost to the innocent individual is minuscule, and certainly not the same as losing a job or getting lynched. Or being interned in a wartime camp. In United States v. S. citizens of Japanese descent, partly for the reasons that Mr. Taylor articulates. 20 But as Justice Murphy pointed out in dissent, the underlying rhetoric employed by the internment camps’ chief enforcer, General DeWitt, was based more on stereotypical conceptions of who might be disloyal than on statistical fact: Further evidence of the Commanding General’s attitude toward individuals of Japanese ancestry is revealed in his voluntary testimony on April 13, 1943, in San Francisco before the House Naval Affairs Subcommittee to Investigate Congested Areas[:] “I don’t want any of them (persons of Japanese ancestry) here.

After Harisiades, not only could Congress deny an individual noncitizen the right to a hearing, but it could also retroactively apply a new deportation law to remove a noncitizen whose affiliation with the offending organization had already ended! In language tracking that seen in other plenary power cases, the Harisiades Court justified this abrogation of the petitioner’s substantive rights by stating that it was not its role to formulate immigration policy, that this was the role of the political branches, and, therefore, any grievances arising out of such policy should be addressed to those bodies: We think that, in the present state of the world, it would be rash and irresponsible to reinterpret our fundamental law to deny or qualify the Government’s power of deportation.

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


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