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

By Victor C. Romero

Throughout American historical past, the govt has used U.S. citizenship and immigration legislations to guard privileged teams from much less privileged ones, utilizing citizenship as a “legitimate” proxy for in a different way invidious, and infrequently unconstitutional, discrimination at the foundation of race. whereas racial discrimination is never legally appropriate 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 legislations paradox” that reserves convinced rights for U.S. electorate simply, whereas concurrently purporting to regard each person quite less than constitutional legislations 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 aspect of individuals whose citizenship prestige is murky (either legally or from the perspective of alternative voters and lawmakers), together with foreign-born adoptees, undocumented immigrants, travelers, overseas scholars, and same-gender bi-national companions. Romero endorses an equality-based studying of the structure and advocates a brand new theoretical and useful technique that protects the person rights of non-citizens with out sacrificing their personhood.

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Example text

34 Indeed, the next terrorist might not even know she is one. S. government to do what Philippine officials appear to do at the Ninoy Aquino International Airport in Manila. Before I board my Northwest Airlines flight to Detroit, my luggage is inspected several times, including once just before we board. At the boarding gate, all hand-carried items are subject to a thorough search and each individual is frisked and a metal detector is employed. Once cleared, anyone who leaves the secured area (to get something to eat or to use the bathroom) must undergo a full inspection to reenter.

Upon his return, he was detained on Ellis Island as excludable, ostensibly for national security reasons, and therefore sought admission elsewhere. After he was denied entry in over a dozen countries, Mezei advised the INS that he would no longer seek to depart. ”32 In addition, these decisions renewed the hope that some constitutional individual rights claims could survive Knauff and Harisiades. However, upon appeal to the Supreme Court, Mezei followed precedent, and the Court overturned the lower courts’ decisions.

Upon his return, he was detained on Ellis Island as excludable, ostensibly for national security reasons, and therefore sought admission elsewhere. After he was denied entry in over a dozen countries, Mezei advised the INS that he would no longer seek to depart. ”32 In addition, these decisions renewed the hope that some constitutional individual rights claims could survive Knauff and Harisiades. However, upon appeal to the Supreme Court, Mezei followed precedent, and the Court overturned the lower courts’ decisions.

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