Alien (law)

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"Resident alien" redirects here. For other uses, see Resident Alien (disambiguation).

In law, an alien is a person in a country who is not a national of that country,[1] though definitions and terminology differs to some degree.

Etymology[edit]

The term "alien" is derived from the Latin alienus, meaning stranger, foreign.

Categories[edit]

Different countries use varying terms for "aliens" including:

  • a legal alien is a non-citizen who is legally permitted to remain in a country. This is a very broad category which includes tourists, guest workers, legal permanent residents and student visa resident aliens.
    • a resident alien is a non-citizen who has temporary or permanent residence in a country.
    • a nonresident alien is a non-citizen who is visiting a country, for example as a tourist, on business, entertainers, sportspeople or in the country to receive medical treatment.
  • an illegal alien is a non-citizen who is present in a country unlawfully or without the country's authorization.[2]
  • an enemy alien is a non-citizen who is a national of an enemy country.

Specific jurisdictions[edit]

Common law jurisdictions[edit]

An "alien" in English law was someone who was born outside of the monarch's dominions and who did not have allegiance to the monarch. Aliens were not allowed to own land and were subject to different taxes to subjects.[3]

  • In Australia, citizenship is defined in the Australian nationality law. Non-citizens living in Australia are either permanent residents; temporary residents; or illegal residents (technically called "unlawful non-citizens").[4] Most non-citizens (including those who lack citizenship documents) travelling to Australia must obtain a visa prior to travel. The only exceptions to this rule are members of the British royal family, and holders of New Zealand passports and citizenship who may apply for a visa on arrival according to the Trans-Tasman Travel Arrangement. [5]
  • In the United States, an alien is "any person not a citizen or national of the United States."[7] The U.S. Government's use of alien dates back to 1798, when it was used in the Alien and Sedition Acts.[8] U.S. law makes a clear distinction between aliens and immigrants by defining immigrants as a subset of aliens.[7] Although U.S. law provides no overarching explicit definition of the term "illegal alien," the term is used in many statutes[9][10][11][12][13][14][15][16][17] and elsewhere (e.g., court cases, executive orders). U.S. law also uses the term "unauthorized alien."[18][19][20][21][22] U.S. immigration laws do not refer to illegal immigrants, but in common parlance the term "illegal immigrant" is often used to refer to any illegal alien.[23] Because at law, 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.

Other[edit]

On Latvian passports, alien refers to non-citizens (nepilsoņi): former citizens of USSR who don't 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 EU and Russia, which is not possible for Latvian citizens.

See also[edit]

References[edit]

  1. ^ "alien". Dictionary.law.com. December 9, 2010. Retrieved November 23, 2011. 
  2. ^ "illegal alien". Dictionary.reference.com. Retrieved November 23, 2011. 
  3. ^ William Blackstone, Commentaries on the Laws of England (1753), Book 1, Chapter 10
  4. ^ Key Issue 5. Citizenship Fact Sheet 5.2 Citizenship in Australia Retrieved 2012-03-05.
  5. ^ "Australia's Visitor and Temporary Entry Provisions". Joint Standing Committee on Migration, Parliament of Australia. 27 September 1999. Archived from the original on June 29, 2011. Retrieved 20 July 2011. 
  6. ^ section 51, British Nationality Act 1981
  7. ^ a b "8 USC 1101". .law.cornell.edu. Retrieved 2013-06-18. 
  8. ^ "Alien and Sedition Acts". Ourdocuments.gov. Retrieved November 23, 2011. 
  9. ^ "2 USC 658". Cornell University Law School. February 22, 2011. Retrieved November 23, 2011. 
  10. ^ "8 USC 1252c". Cornell University Law School. March 29, 2011. Retrieved November 23, 2011. 
  11. ^ "8 USC 1330". Law.cornell.edu. March 29, 2011. Retrieved November 23, 2011. 
  12. ^ "8 USC 1356". Cornell University Law School. Retrieved November 23, 2011. 
  13. ^ "8 USC 1365". Cornell University Law School. March 29, 2011. Retrieved November 23, 2011. 
  14. ^ "8 USC 1366". Cornell University Law School. September 30, 1996. Retrieved November 23, 2011. 
  15. ^ "8 USC 1621". Cornell University Law School. August 22, 1996. Retrieved November 23, 2011. 
  16. ^ "42 USC 6705". Cornell University Law School. Retrieved November 23, 2011. 
  17. ^ "49 USC 40125". Cornell University Law School. November 1, 1999. Retrieved November 23, 2011. 
  18. ^ "8 USC 1188". Cornell University Law School. June 1, 1986. Retrieved November 23, 2011. 
  19. ^ "8 USC 1255". Cornell University Law School. Retrieved November 23, 2011. 
  20. ^ "8 USC 1324". Cornell University Law School. March 29, 2011. Retrieved November 23, 2011. 
  21. ^ "8 USC 1324a". Cornell University Law School. November 6, 1986. Retrieved November 23, 2011. 
  22. ^ "8 USC 1324b". Cornell University Law School. Retrieved November 23, 2011. 
  23. ^ Howell, Deborah (March 2, 2008). "Immigration Coverage in the Crossfire". The Washington Post. 

External links[edit]