A Nation of Immigrants and the Basis of Citizenship

1. A Nation of Immigrants and the Basis of Citizenship Chapter 14, Sections 1-2

2. Immigrants and Aliens • Alien – person in a foreign nation who lives in a country where he/she is not a citizen • U.S. law classifies aliens in 5 categories • Resident alien – person from foreign nation who has established permanent residence in U.S. • Non-resident alien – person from a foreign nation who expects to stay in U.S. for short, specified time • Enemy alien – citizen of nation with which U.S. is at war • Refugees – people fleeing to escape persecution or danger • Illegal Alien – person who comes to U.S. w/o a legal permit (i.e. passport, visa, entry permit)

3. Immigrants and Aliens Cont. • Alien’s rights • Bill of Rights protects aliens as well as citizens • SC has struck down attempts to limit aliens’ rights • Can own homes, business, attend school, use public facilities • Must pay taxes, obey laws, notify govt. when they move • May not vote

4. Immigration Policy • 1882-1924: Growth of Restrictions • 1882 congress passes 1st law restricting immigration of mentally handicapped, convicts, and paupers • 1882 Chinese Exclusion Act • Restrictions grow for 3 decades but 25 million immigrants come to U.S. in this time • 1924-1965: National Origins Quotas • 1924 Congress takes more steps to restrict immigration • Johnson Act lowered number of immigrants allowed to enter the country and favored immigrants from northern and western Europe

5. Immigration Policy Cont. • Immigration Reform Act of 1965 • Set up 2 categories of immigrants • Eastern Hemisphere • Western Hemisphere • 50,000 more immigrants allowed from Eastern Hemisphere • Gave preference to those with valuable skills

6. Immigration Policy Cont. • Immigration Reform and Control Act of 1986 • Allowed way for illegal immigrants to become permanent residents and citizens • Punished employers who hired illegal immigrants • Amnesty – general pardon the govt. offers to illegal aliens

7. The Basis of Citizenship • Citizens have certain rights and also certain responsibilities • Responsibilities include: • Obeying the law • Paying taxes • Being loyal to the U.S. govt. • Be informed and vote

8. National Citizenship • Basis of citizenship has changed over the years • Naturalization – legal process by which a person is grated rights and privileges of a citizen • Dred Scott v. Sandford • Ruled slaves were not citizens • The 14th Amendment • 1868 – established what constitutes citizen on national and state levels • “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.”

9. Citizenship By Birth • Citizenship by “Law of the Soil” • Jus soli – law of soil • People born in U.S. or American territory are citizens • Exception: those not subject to jurisdiction of U.S. govt. • E.g. children of foreign diplomats born in U.S. • Citizenship by Birth to an American Parent • Jus sanguinis– law of blood • Applies to: • Individuals born in other country with 2 U.S. citizen parentsIF one parent was a legal resident of U.S. or territory at some point • Individuals born in other country with 1 U.S. citizen parent IF they lived in U.S. at least 5 years (2 after age 14)

10. Citizenship by Naturalization • All immigrants who want to become citizens must go through naturalization • After they have all rights of native-born citizen except… • Qualifications for Citizenship • Must have entered U.S. legally • Must have good moral character • Must declare support of principles of U.S. govt. • Must prove they can read, write, and speak basic English • Exempt if over 50 and have lived in U.S. for 20 years • Show basic knowledge of U.S. history and govt.

11. The Steps to Citizenship • Applicant must be 18 years old, lived in U.S. lawfully for 30 months out of previous 5 years, lived in state where petition is filed for at least 3 months • If married to U.S. citizen only 3 years of residency needed • Step 1: hearing about moral character and U.S. history in English • Step 2: Final hearing – formality • Judge issues U.S. oath of allegiance • Exceptions • Collective Naturalization – process by which whole group of people living in some geographic area become U.S. citizens through act of congress • Typically used when annexing new land

12. Losing Citizenship • Only fed. Govt. can give and take away citizenship not state govts. • Can loose citizenship in 3 ways • Expatriation – giving up one’s citizenship by leaving one’s native country to live in a foreign country • If you become naturalized citizen of another country expatriation happens in U.S. • Punishment for crime • Loose citizenship for treason, participation in rebellion, attempts to overthrow govt. through violent means • Denaturalization • Loss of citizenship through fraud during naturalization process

13. The Responsibilities of Citizens • Knowing About Rights and Laws • Citizenship Involves Participation • Through participation citizens help govern society and themselves • Voting • Most common way to participate and show views • Ways of Participating as a Citizen • Campaign for candidates • Help political parties • Support special interest groups