Alien (law)

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In law, an alien is any person (including an organization) who is not a citizen or a national of a specific country,[1][2][3][4] although definitions and terminology differ to some degree depending upon the continent or region of Earth. More generally, however, the term "alien" is perceived as synonymous with foreign national.[5]

Lexicology[edit]

The term "alien" is derived from the Latin alienus, meaning stranger, foreign, etym. "belonging (somewhere) else".[citation needed] Similar terms to "alien" in this context include foreigner and lander.[6]

Categories[edit]

Different countries around the world use varying terms for aliens. The following are several types of aliens:

  • a legal alien is any foreign national who is permitted under the law to be in the host country. This is a very broad category which includes travel visa holders or foreign tourists, registered refugees, temporary residents, permanent residents, and those who have relinquished their citizenship and/or nationality.[7]
    • a nonresident alien is any foreign national who is lawfully staying in the country for a short time such as for pleasure, for studies, for business, for special training courses, to visit family or friends, to receive medical treatment, to attend a conference or a meeting, as entertainers or sportspeople, etc.[citation needed]
    • a temporary resident alien is any foreign national who has been lawfully granted permission by the government to drive, fly, travel, lodge, reside, study or work for a specific number of years and then apply for an extension or leave the country before such permission expires.[8]
    • a permanent resident alien is any legal immigrant who has been lawfully admitted and allowed to drive, fly, travel, lodge, reside, study, work, own property, invest money, operate a business, enlist in the military, purchase and possess a firearm, pay taxes, receive government benefits, be entombed and so forth in the country.[9][10][11][12][13][14][15][16]
  • an illegal alien is any foreign national who either entered the country without the government's permission or is found in the country without legal immigration-related documentation.[17][18] In some countries it encompasses an alien who entered the country lawfully but later lost that legal status.[19][20]
  • an alien enemy (or an enemy alien) is any foreign national of any country that is at war with the host country.[21][22]

Common law jurisdictions[edit]

An "alien" in English law denoted any person born outside of the monarch's dominions and who did not owe allegiance to the monarch. Aliens were not allowed to own land and were subject to different taxes to subjects.[23] This idea was passed on in the Commonwealth to other common law jurisdictions.

Australia[edit]

In Australia, citizenship is defined in the Australian nationality law. Non-citizens in Australia are permanent residents, temporary residents, or illegal residents (technically called "unlawful non-citizens").[24] Most non-citizens (including those who lack citizenship documents) traveling to Australia must obtain a visa prior to travel. The only exceptions to the rule are holders of New Zealand passports and citizenship, who may apply for a visa on arrival according to the Trans-Tasman Travel Arrangement.[25]

In 2020, in Love v Commonwealth, the High Court of Australia ruled that Aboriginal Australians (as defined in Mabo v Queensland (No 2)) cannot be considered aliens under the Constitution of Australia, regardless of whether they were born in Australia or hold Australian citizenship.[26][27][28]

Canada[edit]

In Canada, the term "alien" is not used in federal statutes. Instead, the term "foreign national" serves as its equivalent and is found in legal documents. The Immigration and Refugee Protection Act defines "foreign national" as "a person who is not a Canadian citizen or a permanent resident, and includes a stateless person."[29]

United Kingdom[edit]

In the United Kingdom, the British Nationality Act of 1981 defines an alien as a person who is not a British citizen, a citizen of Ireland, a Commonwealth citizen, or a British protected person.[30] The Aliens Act of 1905, the British Nationality and Status of Aliens Act of 1914 and the Aliens Restriction (Amendment) Act of 1919 were all products of the turbulence in the early part of the 20th century.

United States[edit]

Under the Immigration and Nationality Act (INA) of the United States, "[t]he term 'alien' means any person not a citizen or national of the United States."[31][2][4][32] People born in American Samoa or on Swains Island are statutorily "non-citizen nationals."[33] Others, such as natives of Palau and the Marshall Islands, are legal immigrants and aliens for INA purposes.[34][16][9]

Every refugee that is admitted to the United States under 8 U.S.C. § 1157 automatically becomes an "immigrant" and then a "special immigrant" after receiving a green card.[9] Such an individual has a double protection against removability from the United States.[35] The original "immigrant" status cannot ever be taken away from such individual under any circumstances. In this regard, the "any immigrant" in section 1182(h)(1)(A) covers both an "immigrant" and a "special immigrant."[9] It is also important to note that a defective "notice to appear" does not end a person's refugee status or green card benefits in the United States.[36] The same is the case with a defective "final administrative order of removal" that contains material false and/or fraudulent statements.[37][38] Anything to the contrary leads to "deprivation of rights under color of law," which is a federal crime that entails capital punishment for the perpetrator(s).[39][40][41][42][43][44]

Certain lawful permanent residents (green card holders) that are not removable from the United States may at any time and anywhere in the world claim to be Americans.[11][35][45][46][47][48][49][50][51] This is especially true if such legal immigrants were originally admitted as small children and/or stateless refugees under section 1157(c),[11][12][13][14][16] which basically means that they have no country (other than the United States) to reside in permanently, and also cannot lawfully obtain a passport of any country other than the United States.[52][53][54] Such legal claim must be plausible and not frivolous because anyone who knowingly makes a false United States citizenship or nationality claim can be prosecuted and even removed from the country.[55]

The usage of the term "alien" dates back to 1798, when it was used in the Alien and Sedition Acts.[56] Although the INA provides no overarching explicit definition of the term "illegal alien", it is mentioned in a number of provisions under title 8 of the US code.[17] Several provisions even mention the term "unauthorized alien".[57] According to PolitiFact, the term "illegal alien" occurs in federal law, but does so scarcely.[58] PolitiFact opines that, "where the term does appear, it's undefined or part of an introductory title or limited to apply to certain individuals convicted of felonies."[58]

Since the U.S. law says that a corporation is a person,[4] 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 nonresident aliens and resident aliens, in addition to income tax and social security tax treaties and Totalization Agreements.[59]

"Alienage," i.e., citizenship status, has been prohibited since 1989 in New York City from being considered for employment, under that town's Human Rights legislation.[60][61]

Other jurisdictions[edit]

Arab states[edit]

In the Gulf Cooperation Council (United Arab Emirates, Saudi Arabia, Kuwait, Oman, Bahrain, and Qatar), many non-natives have lived in the region since birth. However, these Arab states do not easily grant citizenship to non-natives.[62][63][64] Most stateless Bedoon in Kuwait belong to indigenous northern tribes.[65]

Latvia[edit]

On Latvian passports, the mark nepilsoņi (alien) refers to non-citizens or former citizens of the Soviet Union (USSR) who do not 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 European Union and Russia, where latter is not possible for Latvian citizens.

See also[edit]

References[edit]

This article in most part is based on the law of the United States, including statutory and latest published case law.

  1. ^ "Alien". Britannica. Retrieved February 12, 2021. Alien, in national and international law, a foreign-born resident who is not a citizen by virtue of parentage or naturalization and who is still a citizen or subject of another country.
  2. ^ a b Garner, Bryan A. (June 25, 2009). alien (9th ed.). Black's Law Dictionary. p. 84. ISBN 978-0-314-19949-2. Retrieved August 17, 2018. A person who resides within the borders of a country but is not a citizen or subject of that country; a person not owing allegiance to a particular nation. - In the United States, an alien is a person who was born outside the jurisdiction of the United States, who is subject to some foreign government, and who has not been naturalized under U.S. law.
  3. ^ "alien". law.academic.com. Retrieved August 17, 2018.
  4. ^ a b c 8 U.S.C. § 1101(b)(3) ("The term 'person' means an individual or an organization.")
  5. ^ 52 U.S.C. § 30121(b) (explaining that "the term 'foreign national' means—.... (2) an individual who is not a citizen of the United States or a national of the United States (as defined in section 1101(a)(22) of title 8) and who is not lawfully admitted for permanent residence, as defined by section 1101(a)(20) of title 8.").
  6. ^ Van Houtum, Henk. "The mask of the border." The Routledge Research Companion to Border Studies. Routledge, 2016. 71-84.
  7. ^ 8 U.S.C. § 1481 ("Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions")
  8. ^ "Conditional Permanent Residence". USCIS. Retrieved February 10, 2021.
  9. ^ a b c d 8 U.S.C. § 1159(a)(2) ("Any alien who is found upon inspection and examination by an immigration officer pursuant to paragraph (1) ... as an immigrant under this chapter....") (emphasis added)
    • 8 U.S.C. § 1101(a)(15) ("The term 'immigrant' means every alien except an alien who is within one of the following classes of nonimmigrant aliens....")
    • 8 U.S.C. § 1101(a)(27) ("The term 'special immigrant' means—(A) an immigrant, lawfully admitted for permanent residence, who is returning from a temporary visit abroad....")
  10. ^ "Hanif v. Attorney General, 694 F.3d 479". Third Circuit. Harvard Law School. September 14, 2012. p. 481 n.4. The term 'lawfully admitted for permanent residence' means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed. 8 U.S.C. § 1101(a)(20). (internal quotation marks omitted)
  11. ^ a b c See, e.g., "Ahmadi v. Attorney General, 842 F. App'x 777". Third Circuit. Casetext.com. April 7, 2021. p. 778.
  12. ^ a b "U.S. citizen mistakenly put in deportation proceedings finally returns to America". NBC News. February 4, 2020. Retrieved February 3, 2021.
  13. ^ a b "Cambodian refugee who advocates say was wrongly deported returns to U.S." NBC News. February 28, 2020. Retrieved February 3, 2021.
  14. ^ a b "First Cambodian to return after deportation inspires others after gaining U.S. citizenship". NBC News. July 16, 2020. Retrieved February 3, 2021.
  15. ^ "The body of an Iraqi man who died shortly after ICE deported him has returned to the US for burial". CNN. September 1, 2019. Retrieved February 16, 2021.
  16. ^ a b c "Presidential Documents, Federal Register Vol. 60, No. 28" (PDF). February 10, 1995. p. 7888]. Our efforts to combat illegal immigration must not violate the privacy and civil rights of legal immigrants and U.S. citizens. Therefore, I direct the Attorney General... and other relevant Administration officials to vigorously protect our citizens and legal immigrants from immigration-related instances of discrimination and harassment.... (emphases added)
  17. ^ a b See, e.g., 8 U.S.C. § 1252c(a)(1); 8 U.S.C. § 1330(b)(3)(A)(iii); 8 U.S.C. § 1356(r)(3)(ii); 8 U.S.C. § 1365(b) ("An illegal alien ... is any alien ... who is in the United States unlawfully...."); 8 U.S.C. § 1366
  18. ^ "Immigration Terms and Definitions Involving Aliens". United States: Internal Revenue Service (IRS). Retrieved July 3, 2016.
  19. ^ "Homeland Security: More than 600,000 foreigners overstayed U.S. visas in 2017". USA Today. August 7, 2018. Retrieved October 16, 2018.
  20. ^ "DHS: 700K-plus Overstayed US Visas Last Year". Voice of America (VOA). August 7, 2018. Retrieved October 16, 2018.
  21. ^ "alien enemy". law.academic.com. Retrieved February 12, 2021.
  22. ^ 8 U.S.C. § 1442 ("Alien enemies"); 18 U.S.C. § 757 ("Prisoners of war or enemy aliens")
  23. ^ William Blackstone, Commentaries on the Laws of England (1753), Book 1, Chapter 10
  24. ^ Key Issue 5. Citizenship Fact Sheet 5.2 Citizenship in Australia Archived March 12, 2020, at the Wayback Machine Retrieved 2012-03-05.
  25. ^ "Australia's Visitor and Temporary Entry Provisions" (PDF). Joint Standing Committee on Migration, Parliament of Australia. September 27, 1999. Archived from the original (PDF) on June 29, 2011. Retrieved July 20, 2011.
  26. ^ "High Court rules Aboriginal Australians cannot be 'aliens' under the constitution". SBS News. February 11, 2020.
  27. ^ Karp, Paul (February 11, 2020). "High court rules Aboriginal Australians are not 'aliens' under the constitution and cannot be deported". The Guardian. Retrieved February 11, 2020.
  28. ^ Byrne, Elizabeth; Robertson, Josh (February 11, 2020). "Man released from detention as High Court rules Aboriginal people cannot be deported". ABC News. Australian Broadcasting Corporation. Retrieved February 11, 2020.
  29. ^ Immigration and Refugee Protection Act (S.C. 2001, c. 27)
  30. ^ section 51, British Nationality Act 1981
  31. ^ 8 U.S.C. § 1101(a)(3) (emphasis added)
    • Justice Ginsberg, ed. (April 22, 1998). "Miller v. Albright, 523 U.S. 420". U.S. Supreme Court. Harvard Law School. p. 467 n.2. Nationality and citizenship are not entirely synonymous; one can be a national of the United States and yet not a citizen. 8 U.S.C. § 1101(a)(22). (plurality opinion)
      • "Ricketts v. Attorney General, 897 F.3d 491". Third Circuit. Harvard Law School. July 30, 2018. p. 493 n.3. Citizenship and nationality are not synonymous. While all citizens are nationals, not all nationals are citizens.
      • "Fernandez v. Keisler, 502 F.3d 337". Fourth Circuit. September 26, 2007. p. 341. The INA defines 'national of the United States' as '(A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.'
      • "United States v. Morin, 80 F.3d 124". Fourth Circuit. Harvard Law School. April 5, 1996. p. 126. Citizenship, however, is not the sine qua non of 'nationality.' A 'national of the United States' may also be 'a person who, though not a citizen of the United States, owes permanent allegiance to the United States.' 8 U.S.C. § 1101(a)(22).
  32. ^ Justice Thomas, ed. (February 27, 2018). "Jennings v. Rodriguez, 138 S. Ct. 830". U.S. Supreme Court. Harvard Law School. p. 855. The term 'or' is almost always disjunctive, that is, the words it connects are to be given separate meanings. (plurality opinion) (quotation marks omitted)
  33. ^ "Tuaua v. United States, 788 F.3d 300". D.C. Circuit. Harvard Law School. June 5, 2015. p. 302.
  34. ^ See, e.g.,
    • "Alfred v. Garland, ___ F.4th ___, No. 19-72903". Ninth Circuit. Casetext. September 22, 2021. p. 5. Petitioner McKenzy Alii Alfred ("Petitioner"), a native and citizen of the Republic of Palau ("Palau"), petitions for review of an order of the Board of Immigration Appeals ("BIA" or "Board") that found him removable as an alien convicted of an aggravated felony offense.
    • "Maie v. Garland, ___ F.4th ___, No. 19-73099". Ninth Circuit. Casetext. August 2, 2021. p. 6. Bryan Maie is a native and citizen of the Marshall Islands who came to the United States as a child with his family in 1989. Maie and his family arrived in Hawaii pursuant to the Compact of Free Association, which allows citizens of the Marshall Islands to come to the United States to live, work, and go to school without a visa.
  35. ^ a b "Barton v. Barr, 140 S. Ct. 1442". U.S. Supreme Court. Harvard Law School. April 23, 2020. p. 1446. The umbrella statutory term for being inadmissible or deportable is 'removable.'
  36. ^
  37. ^ 8 U.S.C. § 1181(c) ("Nonapplicability to aliens admitted as refugees")
  38. ^ See generally 18 U.S.C. § 1001 ("Statements or entries generally")
    • "Bridges v. Wixon, 326 U.S. 135". U.S. Supreme Court. Harvard Law School. June 18, 1945. p. 149. An act innocent on its face may be done with an evil purpose. But where the fate of a human being is at stake the presence of the evil purpose may not be left to conjecture. In these habeas corpus proceedings we do not review the evidence beyond ascertaining that there is some evidence to support the deportation order.... But detention under an invalid order of deportation is established where an alien is ordered deported for reasons not specified by Congress. (emphasis added)
  39. ^ "Deprivation Of Rights Under Color Of Law". U.S. Dept. of Justice. May 31, 2021. Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States. For the purpose of Section 242, acts under 'color of law' include acts not only done by federal, state, or local officials within their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials....
  40. ^ "United States v. Lanier, 520 U.S. 259". U.S. Supreme Court. Harvard Law School. March 31, 1997. p. 264. Section 242 is a Reconstruction Era civil rights statute making it criminal to act (1) 'willfully' and (2) under color of law (3) to deprive a person of rights protected by the Constitution or laws of the United States.
    • "Hope v. Pelzer, 536 U.S. 730". U.S. Supreme Court. Harvard Law School. June 27, 2002. p. 739. Officers sued in a civil action for damages under 42 U. S. C. § 1983 have the same right to fair notice as do defendants charged with the criminal offense defined in 18 U. S. C. §242.
      • "United States v. Acosta, 470 F.3d 132". Second Circuit. Harvard Law School. November 30, 2006. p. 136. Section 241 proscribes conspiracies that seek to 'injure, oppress, threaten, or intimidate any person' in connection with exercising or enjoying constitutional rights.
  41. ^ 18 U.S.C. § 2441 ("War crimes")
  42. ^ "Article 3". Office of the United Nations High Commissioner for Human Rights. No State Party shall expel, return ('refouler') or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.
    • "Nasrallah v. Barr, 140 S. Ct. 1683". U.S. Supreme Court. Harvard Law School. June 1, 2020. p. 1690. CAT prohibits removal of a noncitizen to a country where the noncitizen likely would be tortured.
  43. ^ "Chapter 11 - Foreign Policy: Senate OKs Ratification of Torture Treaty" (46th ed.). CQ Press. 1990. pp. 806–7. Retrieved September 27, 2018. The three other reservations, also crafted with the help and approval of the Bush administration, did the following: Limited the definition of 'cruel, inhuman or degrading' treatment to cruel and unusual punishment as defined under the Fifth, Eighth and 14th Amendments to the Constitution....
  44. ^ "Kennedy v. Mendoza-Martinez, 372 U.S. 144". U.S. Supreme Court. Harvard Law School. February 18, 1963. p. 160. Deprivation of [nationality]—particularly American [nationality], which is one of the most valuable rights in the world today—has grave practical consequences. (citation and quotation marks omitted)
    • "Arizona v. United States, 567 U.S. 387". U.S. Supreme Court. Harvard Law School. June 25, 2012. p. 395. Perceived mistreatment of aliens in the United States may lead to harmful reciprocal treatment of American citizens abroad.
  45. ^ "Matter of N-V-G-, 28 I&N Dec. 380". Board of Immigration Appeals. U.S. Dept. of Justice. September 17, 2021. A person who enters the United States as a refugee and later adjusts in the United States to lawful permanent resident status is not precluded from establishing eligibility for a waiver of inadmissibility under section 212(h) of the Immigration and Nationality Act, 8 U.S.C. § 1182(h) (2018), based on a conviction for an aggravated felony, because he or she has not 'previously been admitted to the United States as an alien lawfully admitted for permanent residence' under that provision.
    • "Matter of J-H-J-, 26 I&N Dec. 563" (PDF). Board of Immigration Appeals. U.S. Dept. of Justice. May 12, 2015. An alien who adjusted status in the United States, and who has not entered as a lawful permanent resident, is not barred from establishing eligibility for a waiver of inadmissibility under section 212(h) of the Immigration and Nationality Act, 8 U.S.C. § 1182(h) (2012), as a result of an aggravated felony conviction.
    • "Matter of Michel, 21 I&N Dec. 1101" (PDF). Board of Immigration Appeals. U.S. Dept. of Justice. January 30, 1998. An alien who has not previously been admitted to the United States as an alien lawfully admitted for permanent residence is statutorily eligible for a waiver of inadmissibility under section 212(h) of the Immigration and Nationality Act (to be codified at 8 U.S.C. § 1182(h)), despite his conviction for an aggravated felony.
    • "Matter of Pineda, 21 I&N Dec. 1017" (PDF). Board of Immigration Appeals. U.S. Dept. of Justice. August 26, 1997.
    • "Matter of Yeung, 21 I&N Dec. 610" (PDF). Board of Immigration Appeals. U.S. Dept. of Justice. November 27, 1996.
    • "Matter of Mendez, 21 I&N Dec. 296" (PDF). Board of Immigration Appeals. U.S. Dept. of Justice. April 12, 1996.
      • "Sambare v. Attorney General, 925 F.3d 124". Third Circuit. Harvard Law School. May 28, 2019. p. 126. In 2006, Sambare was admitted to the United States as a lawful permanent resident. In the years following his admission to the United States, Sambare was convicted of various crimes, including credit card theft and forgery.... In October 2013, however, an Immigration Court granted Sambare's application for a waiver of inadmissibility pursuant to 8 U.S.C. § 1182(h) and thus restored his status as a lawful permanent resident.
      • "De Leon v. Lynch, 808 F.3d 1224". Tenth Circuit. Harvard Law School. December 22, 2015. p. 1232. Mr. Obregon next claims that even if he is removable, he should nevertheless have been afforded the opportunity to apply for a waiver under 8 U.S.C. § 1182(h). Under controlling precedent from our court and the BIA's recent decision in Matter of J-H-J- he is correct.
      • "Zamora v. Attorney General, 633 F. App'x 570". Third Circuit. Harvard Law School. December 11, 2015. p. 573. More is required, however, to be eligible for a § 212(h) waiver on the basis of an 'extreme hardship,' 8 U.S.C. § 1182(h)(1)(B), to a qualifying relative.
  46. ^ "Matter of C-A-S-D-, 27 I&N Dec. 692". Board of Immigration Appeals. U.S. Dept. of Justice. November 1, 2019. p. 694.
    • "Matter of H-N-, 22 I&N Dec. 1039" (PDF). Board of Immigration Appeals. U.S. Dept. of Justice. October 13, 1999. p. 1040-44.
      • "City of Cleburne v. Cleburne Living Center, Inc., 740 F.3d 379". U.S. Supreme Court. Harvard Law School. July 1, 1985. p. 439. The Equal Protection Clause of the Fourteenth Amendment commands that no State shall 'deny to any person within its jurisdiction the equal protection of the laws,' which is essentially a direction that all persons similarly situated should be treated alike.
  47. ^ 8 U.S.C. § 1101(f) ("In the case of an alien who makes a false statement or claim of citizenship... if each natural parent of the alien ... is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16... no finding that the alien is, or was, not of good moral character may be made based on it.")
  48. ^ "Child Citizenship Act of 2000 ('CCA'), Pub. L. No. 106-395, 114 Stat. 1631 (2000)" (PDF). United States Congress. October 30, 2000. p. 1633. The amendments made by this title shall take effect 120 days after the date of the enactment of this Act and shall apply to individuals who satisfy the requirements of section 320 or 322 of the Immigration and Nationality Act, as in effect on such effective date. (emphases added)
    • "Pellegrino v. U.S. Transp. Sec. Admin., 937 F.3d 164". Third Circuit. Casetext.com. August 30, 2019. p. 180. Here, Congress has created a remedy; we are simply giving effect to the plain meaning of its words.
    • "Gomez-Diaz v. Ashcroft, 324 F.3d 913". Seventh Circuit. Harvard Law School. April 7, 2003. p. 915. The Child Citizenship Act of 2000, Pub.L. No. 106-395, 114 Stat. 1631, revised the manner in which children of non-citizens born outside the United States are eligible to become U.S. citizens.
    • "Belleri v. United States, 712 F.3d 543". Eleventh Circuit. Harvard Law School. March 14, 2013. p. 545. A child acquires derivative citizenship by operation of law, not by adjudication.
    • "United States v. Ashurov, 726 F.3d 395". Third Circuit. Harvard Law School. August 12, 2013. p. 398. As the District Court recognized, 'such' means 'of the character, quality, or extent previously indicated or implied.'
    • "United States v. A.M., 927 F.3d 718". Third Circuit. Harvard Law School. June 20, 2019. p. 721.
    • Judge Fernandez, dissenting, ed. (June 22, 2001). "Hughes v. Ashcroft, 255 F.3d 752". Ninth Circuit. Harvard Law School. p. 760. As I see it, the language could be construed to allow coverage of individuals who had reached the age of 18 years before the CCA's effective date.
    • Board Member Rosenberg, dissenting, ed. (July 24, 2001). "Matter of Rodriguez-Tejedor, 23 I&N Dec. 153" (PDF). Board of Immigration Appeals. U.S. Dept. of Justice. p. 170-71. Accordingly, in my view, 'as in effect on the effective date' clearly refers to the conditions that 'have been fulfilled' and exist now. No matter whether these conditions were met previously, or what the individual's status was previously, these are the rules that determine the person's citizenship status as of the February 27, 2001, effective date, i.e., now.
    • "Khalid v. Sessions, 904 F.3d 129". Second Circuit. Harvard Law School. September 13, 2018. p. 138. [T]he derivative citizenship statute as amended by the CCA promotes 'Congress's remedial purposes' of 'keep[ing] families intact.'
    • "Matter of Fuentes-Martinez, 21 I&N Dec. 893" (PDF). Board of Immigration Appeals. U.S. Dept. of Justice. July 24, 2001. p. 896 n.4. A person who claims to have derived United States citizenship by naturalization of a parent may apply to the Attorney General for a certificate, but a certificate is not required.
  49. ^ 8 C.F.R. 1003.2(a) ("The Board may at any time reopen or reconsider a case in which it has rendered a decision on its own motion solely in order to correct a ministerial mistake or typographical error in that decision or to reissue the decision to correct a defect in service....")
    • 8 C.F.R. 1003.2(c)(3) ("The time and numerical limitations set forth in paragraph (c)(2) of this section shall not apply to a motion to reopen proceedings:... (vi) Filed based on specific allegations, supported by evidence, that the respondent is a United States citizen or national....")
    • 8 C.F.R. § 1239.2 ("Cancellation of notice to appear")
  50. ^ "Alabama v. Bozeman, 533 U.S. 146". U.S. Supreme Court. Harvard Law School. June 11, 2001. p. 153. The word 'shall' is ordinarily the language of command. (internal quotation marks omitted)
  51. ^ 8 U.S.C. § 1503; 8 U.S.C. § 1452; 8 U.S.C. § 1442; 8 U.S.C. § 1436; 8 U.S.C. § 1433(a); 8 U.S.C. § 1431(a); 8 U.S.C. § 1408(4); 8 U.S.C. § 1252(b)(5)
  52. ^ "The first Cambodian deportee to return to the U.S. just became a citizen in Sacramento". The Sacramento Bee. July 3, 2020. Retrieved February 3, 2021. But what he's most looking forward to is getting a passport. Once the danger of the coronavirus pandemic subsides, he'll be on a plane. He'll even go back to Cambodia, just to remember and reflect on what he's been through.
  53. ^ 22 U.S.C. § 212 ("Persons entitled to passport")
    • "Lyttle v. United States, 867 F. Supp. 2d 1256". U.S. District Court for the Middle District of Georgia. Harvard Law School. March 31, 2012. p. 1273. Lyttle was later incarcerated in Nicaragua because he could not produce evidence of his citizenship or identity. Finally, Lyttle arrived in Guatemala and located the U.S. Embassy in Guatemala City. An employee at the embassy used the names of Lyttle's brothers and his birthplace to locate Lyttle's brothers, who serve in the U.S. military. The employee arranged for copies of Lyttle's adoption records to be sent to the embassy and then printed and issued him a U.S. passport within twenty-four hours.
  54. ^ "Certificates of Non Citizen Nationality". Bureau of Consular Affairs. U.S. Department of State. Retrieved February 8, 2021.
  55. ^ See generally 18 U.S.C. § 611; 18 U.S.C. § 911; 18 U.S.C. § 1015
  56. ^ "Alien and Sedition Acts". Ourdocuments.gov. Retrieved November 23, 2011.
  57. ^ 8 U.S.C. § 1324a(h)(3)
  58. ^ a b "Is 'illegal alien' a term in federal law?". @politifact. Retrieved February 26, 2019.
  59. ^ "Foreign Nationals: Non-Resident Aliens and Resident Aliens". Protax Consulting Services.
  60. ^ Tyler Blint-Welsh (September 25, 2019). "New York City Employers Who Say 'Go Back to Your Country' Could Face Fines". The Wall Street Journal. Retrieved September 30, 2019. Since 1989, the city's human-rights law has banned discrimination based on citizenship status or "alienage" in employment, housing and public accommodations.
  61. ^ "The protected classes covered under the New York City Human Rights Law are: Age Alienage or Citizenship Status" https://www1.nyc.gov/site/cchr/law/in-housing.page
  62. ^ Habboush, Mahmoud. "Call to naturalise some expats stirs anxiety in the UAE".
  63. ^ "Say no to expats calling for Saudi citizenship". November 24, 2013.
  64. ^ "GCC Citizenship Debate: A Place To Call Home - Gulf Business". January 5, 2014. Archived from the original on September 1, 2014. Retrieved January 3, 2015.
  65. ^ "Middle East The Bedoons: Kuwait's stateless minority". Deutsche Welle. July 21, 2019.

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