Category: Naturalization and Citizenship
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Naturalization
Categories of Citizens: Birth and NaturalizationThe first sentence of § 1 of the Fourteenth Amendment contemplates two sources of citizenship and two only: birth and naturalization. 1 This contemplation is given statutory expression in § 30…
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Naturalization and Citizenship
Nature and Scope of Congress's Power about Naturalization and CitizenshipNaturalization has been defined by the Supreme Court as "the act of adopting a foreigner, and clothing him with the privileges of a native citizen." 1 In the Dred …
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Naturalization of Aliens
The Naturalization of AliensAlthough, as has been noted, throughout most of our history there were significant racial and ethnic limitations upon eligibility for naturalization, the present law prohibits any such discrimination."The right of a person to become a naturalized citizen of t…
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Naturalized Persons
Rights of Naturalized PersonsChief Justice Marshall early stated in dictum that "[a] naturalized citizen . . . becomes a member of the society, possessing all the rights of a native citizen, and standing, in the view of the Constitution, on the footing of a native. The Constitution does not aut…
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Deportation
DeportationUnlike the exclusion proceedings,1 deportation proceedings afford the alien a number of constitutional rights: a right against selfincrimination, 2 protection against unreasonable searches …
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Expatriation
Expatriation: Loss of CitizenshipThe history of the right of expatriation, voluntarily on the part of the citizen or involuntarily under duress of statute, is shadowy in United States constitutional law. Justice Story, in the course of an opinion,1 a…
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Aliens
AliensThe power of Congress "to exclude aliens from the United States and to prescribe the terms and conditions on which they come in" is absolute, being an attribute of the United States as a sovereign nation. "That the government of the United States, through the action of the legis…