By Victor C. Romero
Throughout American historical past, 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 in a different way invidious, and sometimes unconstitutional, discrimination at the foundation of race. whereas racial discrimination isn't 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 legislations, Victor C. Romero attracts our realization to a “constitutional immigration legislation paradox” that reserves yes rights for U.S. electorate basically, whereas concurrently purporting to regard everybody quite below constitutional legislation despite citizenship.
As a naturalized Filipino American, Romero brings an outsider's viewpoint 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 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 analyzing of the structure and advocates a brand new theoretical and sensible technique 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
I am troubled by what such indifference suggests about America’s priorities when we are quick to racially profile post–September 11 despite its inaccuracy, and yet are unwilling to eliminate the birthright citizenship distinction in the Presidential Eligibility Clause despite its inanity. In a sense, I am speaking out of self-interest as one of many naturalized citizens of color who would theoretically fit the prosubordination, essentialist stereotypes in both the terrorism and presidential eligibility contexts.
Citizenship oath in 1995. I took seriously the charge that I disavow allegiance to any foreign potentate. S. 42 Yet, somehow these reassurances do not rebut the presumption of my disloyalty to qualify me for the presidency. S. president, the question remains: why are most Americans willing to tolerate race and citizenship profiling in the contexts of battling terrorism and determining presidential eligibility, despite an acknowledgment by most that both are far from perfect proxies for loyalty?
My suspicion is that those who fancy themselves loyal believe that there is a group of readily identifiable “disloyalists” whose racial and citizenship characteristics are different from theirs. Hence, the Arab or Muslim naturalized citizen is more likely a terrorist and least likely qualified to be president of the United States than the average white Anglo-Saxon birthright citizen. ), and indeed, the danger of assuming that the terrorist is someone who belongs to one group overlooks the possibility that the terrorist could come from the so-called nonterrorist group.
Alienated : immigrant rights, the constitution, and equality in America by Victor C. Romero