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 infrequently 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 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 cognizance to a “constitutional immigration legislation paradox” that reserves definite rights for U.S. electorate simply, whereas concurrently purporting to regard everybody quite below 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 legislation from the vantage element 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, international scholars, and same-gender bi-national companions. Romero endorses an equality-based analyzing of the structure and advocates a brand new theoretical and useful process that protects the person rights of non-citizens with no sacrificing their personhood.
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Story’s rhetoric shares a striking similarity to General DeWitt’s. Both describe the need to distinguish the loyal from the disloyal—DeWitt suggested that the Japanese be “wiped off the map,” while Story advocated the establishment of a “barrier” against foreign influence. Both acknowledged the permanency of foreignness—DeWitt argued that a Japanese person would always be disloyal even if a naturalized citizen, while Story draws no clear distinction between naturalized citizen and foreigner, stating only that he believes that the immigrant Founders had earned the designation “loyal,” rendering them fit to be president, in what Story believed to be a narrow exception to the general rule.
And third, the government should resist the temptation to pass legislation like the USA-PATRIOT Act as an emotional reaction to 9/11, when it is also capable of enacting more reasonable laws like the less well-known, but more effective, Border Commuter Student Act of 2002, which grants student visas to Mexican and Canadian nationals who commute to schools in the United States. That the Border Commuter Student Act was enacted only a year after the terrorist attacks suggests that the federal government can use its immigration power to effectively separate the “terrorist” from the “immigrant” or “noncitizen” without relying on stereotypes or proxies for disloyalty.
However, when I board that plane, I do so in the belief that every one of us and our belongings has been inspected multiple times, and that no one appears to have been singled out Immigrants and the War on Terrorism after 9/11 | 31 for special treatment based on national origin, religion, race, ethnicity, or citizenship. Admittedly, the United States is a much larger nation with much busier airports, such that labor-intensive, manual inspections of every passenger and her luggage might not be possible.
Alienated : immigrant rights, the constitution, and equality in America by Victor C. Romero