By Victor C. Romero
Throughout American heritage, 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 sometimes unconstitutional, discrimination at the foundation of race. whereas racial discrimination is never legally appropriate this present day, profiling at the foundation of citizenship remains 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 legislation, Victor C. Romero attracts our awareness to a “constitutional immigration legislations paradox” that reserves yes rights for U.S. voters in basic terms, whereas concurrently purporting to regard everyone relatively lower than constitutional legislation despite citizenship.
As a naturalized Filipino American, Romero brings an outsider's point of view 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 point of view of alternative electorate and lawmakers), together with foreign-born adoptees, undocumented immigrants, travelers, overseas scholars, and same-gender bi-national companions. Romero endorses an equality-based examining 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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All through 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 applicable this present day, profiling at the foundation of citizenship remains to be principally unchecked, and has in truth arguably elevated within the wake of the September eleven terror assaults at the usa.
Additional resources for Alienated : immigrant rights, the constitution, and equality in America
Should they all be deported; detained and screened for possible deportation; or interrogated about their links to terrorism? In what ways may our immigration laws requiring the exclusion or removal of noncitizens assist in the war on terrorism? Even if technological advances permitted us to infallibly determine whether a noncitizen was a terrorist or not, would immigration law be used to either exclude that individual at the border or remove her from the country? ” On the one hand, ridding the nation of a dangerous individual prevents her from directly threatening the country; on the other, deporting the terrorist means she is still at large, allowing her to strike another day either directly (by entering without authorization across the border) or indirectly (by abetting a plan to be carried out by associates).
In the preceding section, I questioned the wisdom of deferring to federal political branches whose view of the Equality for All as a Constitutional Mandate | 17 dangerous or undesirable foreigner may be based less on reality than on false perception. Regardless of how one answers the foregoing question, I suggest that the Constitution generally requires the protection of those most vulnerable to unfair treatment. The equal protection guarantees of the Fifth and Fourteenth Amendments46 require the government to treat all “persons,” not just citizens, equally.
McCabe then decided to subject each of the six hundred containers that had originated in or stopped at ports in the Middle East or North Africa to the kind of scrutiny usually reserved for cargo suspected of containing illicit drugs. Upon reflection, McCabe admitted that his decision was “as much an emotional reaction as a practical one. S. ”1 McCabe’s predicament that fateful morning parallels the complexity the federal government has faced in finding ways to deploy its immigra- 24 Immigrants and the War on Terrorism after 9/11 | 25 tion power in the post-9/11 war on terrorism.