|Legal status of persons|
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 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.
- a resident alien is a non-citizen who has permanent<refhttps://www.irs.gov/individuals/international-taxpayers/determining-alien-tax-status/ref> resident status in a country.
- an enemy alien is a non-citizen who is a national of an enemy country.
- an illegal alien or 'undocumented alien' is a non-citizen whose has entered a country through irregular migration, for example entered illegally, or an alien who entered a country legally but who has fallen "out of status."
Common law jurisdictions
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. This idea was passed on in the Commonwealth to other common law jurisdictions.
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"). 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.
The British Nationality Act 1772 regulated who was to be called a British national.
In the United States, an alien is "any person not a citizen or national of the United States." The U.S. Government's use of alien dates back to 1798, when it was used in the Alien and Sedition Acts. U.S. law makes a clear distinction between aliens and immigrants by defining immigrants as a subset of aliens. Although U.S. law provides no overarching explicit definition of the term "illegal alien," the term is used in many statutes and elsewhere (e.g., court cases, executive orders). U.S. law also uses the term "unauthorized alien." 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. 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. 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 non-resident aliens and resident aliens, in addition to income tax and social security tax treaties and Totalization Agreements.
In Arab States of the Persian Gulf (UAE, Saudi Arabia, Kuwait, Oman, Bahrain and Qatar), many foreigners have lived in the country since birth or since independence. However these countries do not accord citizenship to many of them. As such, referring to these people as foreigners is seen by some as rude.
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.
- Alien and Sedition Acts
- Alien land laws
- California Alien Land Law of 1913
- Illegal immigration
- Multiple citizenship
- Non-citizens (Latvia)
- Persona non grata
- Public international law
- "alien". Dictionary.law.com. December 9, 2010. Retrieved November 23, 2011.
- http://www.europarl.europa.eu/atyourservice/en/displayFtu.html?ftuId=FTU_5.12.3.html. Retrieved July 3, 2016. Missing or empty
- https://www.irs.gov/individuals/international-taxpayers/immigration-terms-and-definitions-involving-aliens. Retrieved July 3, 2016. Missing or empty
- William Blackstone, Commentaries on the Laws of England (1753), Book 1, Chapter 10
- Key Issue 5. Citizenship Fact Sheet 5.2 Citizenship in Australia Retrieved 2012-03-05.
- "Australia's Visitor and Temporary Entry Provisions" (PDF). Joint Standing Committee on Migration, Parliament of Australia. 27 September 1999. Archived (PDF) from the original on June 29, 2011. Retrieved 20 July 2011.
- section 51, British Nationality Act 1981
- "8 USC 1101". .law.cornell.edu. Retrieved 2013-06-18.
- "Alien and Sedition Acts". Ourdocuments.gov. Retrieved November 23, 2011.
- "2 USC 658". Cornell University Law School. February 22, 2011. Retrieved November 23, 2011.
- "8 USC 1252c". Cornell University Law School. March 29, 2011. Retrieved November 23, 2011.
- "8 USC 1330". Law.cornell.edu. March 29, 2011. Retrieved November 23, 2011.
- "8 USC 1356". Cornell University Law School. Retrieved November 23, 2011.
- "8 USC 1365". Cornell University Law School. March 29, 2011. Retrieved November 23, 2011.
- "8 USC 1366". Cornell University Law School. September 30, 1996. Retrieved November 23, 2011.
- "8 USC 1621". Cornell University Law School. August 22, 1996. Retrieved November 23, 2011.
- "42 USC 6705". Cornell University Law School. Retrieved November 23, 2011.
- "49 USC 40125". Cornell University Law School. November 1, 1999. Retrieved November 23, 2011.
- "8 USC 1188". Cornell University Law School. June 1, 1986. Retrieved November 23, 2011.
- "8 USC 1255". Cornell University Law School. Retrieved November 23, 2011.
- "8 USC 1324". Cornell University Law School. March 29, 2011. Retrieved November 23, 2011.
- "8 USC 1324a". Cornell University Law School. November 6, 1986. Retrieved November 23, 2011.
- "8 USC 1324b". Cornell University Law School. Retrieved November 23, 2011.
- Howell, Deborah (March 2, 2008). "Immigration Coverage in the Crossfire". The Washington Post.
- "Foreign Nationals: Non-Resident Aliens and Resident Aliens". Protax Consulting Services.
- Charles Garcia (2012-07-05). "Why 'illegal immigrant' is a slur". Special to CNN. CNN.
When you label someone an "illegal alien" or "illegal immigrant" or just plain "illegal," you are effectively saying the individual, as opposed to the actions the person has taken, is unlawful. The terms imply the very existence of an unauthorized migrant in America is criminal. In this country, there is still a presumption of innocence that requires a jury to convict someone of a crime. If you don't pay your taxes, are you an illegal? What if you get a speeding ticket? A murder conviction? No. You're still not an illegal. Even alleged terrorists and child molesters aren't labeled illegals.
- Jacob Chamberlain (2013-04-13). "AP Finally Agrees: "No Human Being is Illegal"". Common Dreams.
- Steve Padilla and Selene Rivera (2016-04-03). "Library of Congress to stop using term 'illegal alien'". Los Angeles Times.
- Resident Alien Information
- D. C. Earnest Noncitizen Voting Rights: A Survey of an Emerging Democratic Norm, 2003
- University of Minnesota Human Rights Center: Study Guide: The Rights of Non-Citizens, 2003
- UK Aliens' registration cards on The National Archives' website.
- Council of Europe Commission for Democracy through Law Report on noncitizens and minority rights, 2007
- The rights of non-citizens, UN OHCHR, 2006