By Victor C. Romero
Throughout American background, 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 sometimes unconstitutional, discrimination at the foundation of race. whereas racial discrimination is never legally appropriate this day, profiling at the foundation of citizenship continues to be mostly unchecked, and has in reality 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 legislations, Victor C. Romero attracts our awareness to a “constitutional immigration legislation paradox” that reserves sure rights for U.S. electorate merely, whereas concurrently purporting to regard everybody quite lower than constitutional legislation despite citizenship.
As a naturalized Filipino American, Romero brings an outsider's viewpoint to Alienated, forcing us to examine constitutional immigration legislation from the vantage aspect of individuals whose citizenship prestige is murky (either legally or from the point of view of different electorate 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 sensible strategy that protects the person rights of non-citizens with no sacrificing their personhood.
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Extra info for Alienated : immigrant rights, the constitution, and equality in America
43 Perhaps even more interesting will be the extent to which other out-groups find themselves collaterally affected by stricter immigration norms justified ostensibly by national security concerns. Might undocumented immigration, for example, resurface as a federal concern as it did during the Depression and post–World War II years, this time recast not as a mere border control concern but as an antiterrorism issue? ”45 Narratives and Extralegal Perspectives: Why Upholding Equal Treatment Is Important Despite its problematic treatment of racial and political outsiders, the traditional legal analysis of constitutional immigration law yields a logical policy argument in favor of strong federal congressional and executive power over immigration, supported by the Constitution’s text and the Supreme Court’s precedent.
But how do we convince the 57 percent of Americans45 who were in favor of profiling following the 9/11 attacks and the many more who are Immigrants and the War on Terrorism after 9/11 | 35 disinclined to eliminate the Presidential Eligibility Clause’s birthright-naturalized citizen distinction that drawing large circles of loyalty makes sense? The answer is that these citizenship and race distinctions are irrational proxies for loyalty. I contend that, even within the contexts of the “disloyal terrorist” and the “loyal president,” relying on race and citizenship as proxies for loyalty are so inaccurate that they are unnecessarily antagonistic to those in the racial and citizenship out-group.
Perhaps she thought she was just doing her job, which I had made more difficult by not following the rules as she interpreted them. S. citizenship—to the interview. Perhaps she was having a bad day. Perhaps she resented a wife who chose not to play the role of Tammy Wynette and “stand by her man” if it meant taking a measly hour out of her workday to accompany him for this important interview. Perhaps I was more naive than I thought: I assumed that I would be treated fairly if I acted in good faith by bringing the documents the Service requested and passed the written and oral literacy/civics test that would be administered to me.
Alienated : immigrant rights, the constitution, and equality in America by Victor C. Romero