IMMIGRATION & CITIZENSHIPIMMIGRATION & CITIZENSHIP

A Nation of ImmigrantsA Nation of Immigrants Immigrants (a person who comes to Immigrants (a person who comes to

a new country intending to live there a new country intending to live there permanently) permanently)

Aliens (a person who lives in a Aliens (a person who lives in a country where they are not a citizen)country where they are not a citizen)

Classifying AliensClassifying Aliens Resident Aliens: a person from a Resident Aliens: a person from a

foreign country that has established foreign country that has established permanent residence in the US. permanent residence in the US. (immigrants are resident aliens until (immigrants are resident aliens until they become citizens)they become citizens)

Non-resident aliens: a person from a Non-resident aliens: a person from a foreign country who expects to stay foreign country who expects to stay in the US for a short, specified in the US for a short, specified period of time.period of time.

Enemy Alien: a citizen of a nation Enemy Alien: a citizen of a nation with which the US is at war. They with which the US is at war. They get the same protection as other get the same protection as other types of aliens but discrimination types of aliens but discrimination by public.by public.

Refugees: people fleeing to escape Refugees: people fleeing to escape persecution or dangerpersecution or danger

Illegal Aliens: a person who comes Illegal Aliens: a person who comes to the US without a legal permit to the US without a legal permit (passport, visa, entry permit). Some (passport, visa, entry permit). Some cross US borders, many are cross US borders, many are foreigners who have stayed after foreigners who have stayed after legal permits expiredlegal permits expired

Alien’s RightsAlien’s Rights

Bill of Rights applies to aliens as well as Bill of Rights applies to aliens as well as citizens. citizens.

Supreme Court has repeatedly struck Supreme Court has repeatedly struck down attempts by state govt.’s from down attempts by state govt.’s from attempting to limit legal alien’s rights. attempting to limit legal alien’s rights.

Aliens are expected to share in the Aliens are expected to share in the responsibilities of American life: taxes, responsibilities of American life: taxes, obey laws, be loyal to govt. Cannot vote obey laws, be loyal to govt. Cannot vote and are exempt from military serviceand are exempt from military service

Immigration PolicyImmigration Policy

1882-1924: The Growth of Restrictions1882-1924: The Growth of Restrictions 1882: Chinese Exclusion Act, restricted 1882: Chinese Exclusion Act, restricted

admission of Chinese laborers, admission of Chinese laborers, Prevented foreign-born Chinese from Prevented foreign-born Chinese from

getting citizenship. getting citizenship. First instance of a federal govt. First instance of a federal govt.

restricted immigration or citizenship restricted immigration or citizenship based on nationality or ethnic groupbased on nationality or ethnic group

Restrictions grew over the next 3 Restrictions grew over the next 3 decades as fear grew about immigrants decades as fear grew about immigrants taking away jobs from US citizenstaking away jobs from US citizens

Fear over appearance of Asian, Fear over appearance of Asian, southern and eastern European southern and eastern European immigrants, as well as language, immigrants, as well as language, customs, religion was due to how customs, religion was due to how different these people were from different these people were from earlier English, Irish and German earlier English, Irish and German immigrantsimmigrants

1924-1965: National Origins 1924-1965: National Origins QuotasQuotas

Johnson Act: Immigration Act of Johnson Act: Immigration Act of 1924, lowered the number of 1924, lowered the number of immigrants allowed in to the US to immigrants allowed in to the US to 165,000 per year, 80% decrease165,000 per year, 80% decrease

Set up a system that favored Set up a system that favored immigrants from northern and immigrants from northern and western Europe.western Europe.

Immigration Reform Act Immigration Reform Act 1965:1965:

Abolished the system of quotasAbolished the system of quotas Two categories of immigrants: Two categories of immigrants: Eastern Hemisphere immigrants: Eastern Hemisphere immigrants:

(Europe, Asia, Africa) limited to (Europe, Asia, Africa) limited to 170,000 per year170,000 per year

Western Hemisphere immigrants: Western Hemisphere immigrants: (Canada, Mexico, Central and South (Canada, Mexico, Central and South America) limited to 120,000 per America) limited to 120,000 per year.year.

Set up preference categories for Set up preference categories for people with special skills people with special skills “advantageous to the US” and “advantageous to the US” and unmarried children of US citizens unmarried children of US citizens were given highest preference were given highest preference

Refugees from Communist countries, Refugees from Communist countries, the Middle east and people who were the Middle east and people who were victims of natural disasters were victims of natural disasters were given lowest prioritygiven lowest priority

Immigration Reform and Control Immigration Reform and Control Act of 1986Act of 1986

To control illegal immigration, provided a way for To control illegal immigration, provided a way for illegal immigrants to become permanent residents illegal immigrants to become permanent residents (Green card holders) and citizens.(Green card holders) and citizens.

4 major provisions of the law:4 major provisions of the law: 1. Aliens who could show the entered US before 1-1-82 1. Aliens who could show the entered US before 1-1-82

and resided continuously could apply for amnesty (a and resided continuously could apply for amnesty (a general pardon). They would become lawful residents general pardon). They would become lawful residents and could apply for citizenship after 18 months.and could apply for citizenship after 18 months.

2. After 5 years of permanent residence in the US 2. After 5 years of permanent residence in the US aliens may apply for US citizenship.aliens may apply for US citizenship.

3. Employers are forbidden to hire illegal immigrants3. Employers are forbidden to hire illegal immigrants 4. Employers are required to ask applicants for 4. Employers are required to ask applicants for

documentation to prove their legal status before hiring documentation to prove their legal status before hiring them.them.

Immigration Act 1990Immigration Act 1990 Sweeping revision to 1965 law. New Sweeping revision to 1965 law. New

law was designed to take into law was designed to take into account country of origin and admit account country of origin and admit more highly skilled and educated more highly skilled and educated immigrants. immigrants.

Immigration from any single country Immigration from any single country to noto no

more that 7% of annual visasmore that 7% of annual visas Encouraged immigration of workers Encouraged immigration of workers

with “extraordinary abilities” who with “extraordinary abilities” who had a guaranteed job when entering had a guaranteed job when entering the US.the US.

The Basis of Citizenship

The govt. draws its power from the people and exists in order to secure their rights.

Citizens have certain duties; obeying the law, paying taxes, and loyalty.

Citizens are responsible for voting, informing themselves, respect the rights of others, etc.

14th Amendment: All people of all races born in the US and subject to its government are citizens.

Citizenship by birth

Jus soli: law of the soil, citizenship is granted to nearly anyone born in the US or its territories, most common basis of citizenship

Jus sanguinis: law of blood, birth to an American parent or parents.

If both parents are citizens, one has to have been a legal resident at some point in their life

If one parent is a citizen, that parent must have lived in the US for at least 10 years, 5 of which after the age of 14

Citizenship by naturalization

Immigrants have to have entered the US legally, be of good moral character, declare their support of the principles of American govt.,

Prove they can read, write, and speak English Show basic knowledge of American history

and govt. Filing of an application after 5 years of

resident alien status preliminary hearing, test of qualifications,

final hearing, formality

Losing citizenship

Expatriation, giving up your citizenship to live in a foreign country

Punishment for a crime; treason, rebellion, overthrow of the govt.

Denaturalization; fraud during naturalization process

Responsibilities of citizens: the ability to exercise your rights depends on your awareness of them

Rights and laws Participation voting