By Victor C. Romero
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 appropriate at the present time, profiling at the foundation of citizenship continues to be principally unchecked, and has actually 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 awareness to a “constitutional immigration legislations paradox” that reserves definite rights for U.S. electorate in basic terms, whereas concurrently purporting to regard every body particularly below constitutional legislations despite citizenship.
As a naturalized Filipino American, Romero brings an outsider's standpoint 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 point of view 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 analyzing of the structure and advocates a brand new theoretical and sensible method that protects the person rights of non-citizens with out sacrificing their personhood.
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Extra resources for Alienated : immigrant rights, the constitution, and equality in America
47 Nevertheless, a strong disconnect exists between people’s perceptions of how immigration law operates and how it works in fact. The following personal narratives illustrate how we who live in America (whether citizen or not) perceive and expect immigration law and policy to treat noncitizens more fairly than it does. This gap between perception and reality suggests that legal actors, whether the judiciary checking the political branches or the political branches creating immigration policy, should strive for parity and equality between the rights of citizens and noncitizens living in the United States.
In 2002, Congress passed a law requiring greater scrutiny of visa applications from nationals of countries that sponsor terrorist activity. Clearly, not every visa applicant from North Korea is a terrorist, and yet it would be imprudent not to consider North Korea’s past practices in ruling upon the application. On the other hand, is it fair to subject every single person from North Korea to increased scrutiny in the name of fighting terrorism when we are not (nor will we likely be) at war with North Korea?
First, I assumed that because my undergraduate school had complied with INS regulations regarding my enrollment, my graduate school would have as well. 48 Second, I assumed that when an International Students Office, which is dedicated to normalizing the school experiences of foreign and citizen students, renders immigration advice, such advice is trustworthy and reliable. Third, I assumed that the Consular Office in Manila would be able to fairly balance the equities and treat my case on an individual basis.