A Nation of ImmigrantsThe Basis of CitizenshipEqual Protection of the

LawCivil Liberties Challenges

Citizenship and Equal Justice

A Nation of Immigrants The Statue of Liberty welcomes all to the United States

“huddles masses yearning to breathe free”

Immigration Policy (we are a nation of immigrants)

* at different times in our history, Americans have opposed mew waves of immigrants and how they/their culture would affect this country

1800’s – European, Asian 1900’s – Asian, Central/South America

* today, immigration is a HUGE political issue

2000’s – Central/South America, Middle East

Early RestrictionsThe Constitution gives Congress the power to make immigration

policy

1882- Chinese Exclusionary Act: No Chinese workers could enter the United States for 10 years

1924 – The Immigration Act set up a quota system by country. This system favored countries that had been coming to America for a long time (Northern Europe) and was against newer regions (Southern Europe and Asia)

1965 – Immigration Reform Act abolished the quota system and replaced it with a system that tried to reunite families and bring in people with priority skills

1986 – Immigration Reform and Control Act worked to slow immigration by punishing the employers but also tried to establish a way for long-time illegal immigrants could apply for amnesty and begin the process of naturalization

1990 – The Immigration Act said no country could make up more than 7% of incoming immigrants. It also set aside a special category of “refugee

1996 – Increased border patrols along the Mexican border and stiffened penalties for those who create false documents or smuggle illegal immigrants in

Current Political DebateStruggle between those who believe

immigration needs to be limited and those who believe we should welcome in those who just want a better life for themselves and their families

Politics in the last 3-4 Presidential and Congressional elections have seen this issue play center stage

Aliens: A term used for someone who lives in a country where he/she is not a citizen

The Immigration and Customs Enforcement (ICE) enforces the laws and policies that deal with immigration and naturalization IMMIGRATION: Moving from one country to another NATURALIZATION: Becoming a citizen of that new country

Immigrants are categorized into different groupsResident Alien: a foreigner who established permanent

residency in the USNonresident Alien: a foreigner who plans to stay a

short/specified timeEnemy Aliens: citizens of a nation in the US who the US is

at war withRefugees: people who are fleeing persecution or danger

from their home country Undocumented Aliens (AKA Illegal Aliens): people in the

country illegally

The US Constitution protects the rights of all people, citizens or not. Aliens are expected to fulfill the same responsibilities as citizens. They cannot vote and are exempt from a military draft

The Basis of Citizenship Naturalization is the legal process by which someone who was not born a citizen in the United States

Who Determines CITIZENSHIP? – The federal government is given the responsibility for enforcing laws dealing with immigration and naturalization

Dred Scott v. Sandford (1857) – The Supreme Court ruled that African Americans could not sue in US courts because freed or not, they were not citizens

The 14th Amendment (1868) – overruled the Scott decision and clearly established what constitutes citizenship at both the state and federal levels

“All persons born or naturalized in the US, and subject to the jurisdiction thereof, are citizens of the US and of the state wherein they reside. No state shall make or enforce any law which shall abridge (deprive) the privileges or immunities of citizens of the US”

!!! The 14th Amendment established that people of all races, excluding Native Americans, were citizens and that state citizenship was an AUTOMATIC result of national citizenship!!!

Gaining Citizenship14th Amendment set up the basis for citizenship

1) Citizenship by Birth: (jus soli) Anyone born in the US or on US territory is a citizen. (jus sanguinis) Also, anyone born of a parent who is a US citizen is a citizen

2) Citizenship by Naturalization: the process of becoming a citizen of another nation. At the end of this process, the new citizen will have all the rights of being a natural citizen except becoming President of the US

Winning and Losing CitizenshipTo Apply for Citizenship:

18 years of ageLived in the US as a legal resident for 5 yearsLived in the state you are petitioning for 3 months

Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (civics).

Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during  all relevant periods under the law

Collective Naturalization: When big groups of people are granted citizenship at one time. Example: People in the lands we acquired from the Spanish-American War

Winning and Losing CitizenshipLosing Citizenship is a BIG DEAL.

1) Expatriation: Giving up your citizenship by choice2) Being convicted of certain serious federal crimes

such as treason or participating in a rebellion3) Denaturalization: If they can prove the person

used fraud, deception or error during the nationalization process

Citizen Responsibilities

Being knowledgeable about the laws that govern them

Citizen Participation: Being involved in political life

VOTING:o Casting Ballotso Affirming basic democratic principleso Sharing in the responsibility of governing themselves

CAMPAIGNING FOR CANDIDATES/ISSUESSHARING YOUR OPINIONS

Why people DO NOT voteo Not interested in politicso Don’t believe a single vote makes a difference

Equal Protection Under the Law 14th Amendment says that no state can “deny to any person

within its jurisdiction the equal protection of the laws” Governments CANNOT draw ‘unreasonable distinctions’

1) Rational Basis Test (is the classification reasonably related to an acceptable government goal)

2) Suspect Classification (made on the basis of race or national origin – strict judicial scrutiny)

3) Fundamental Rights (states cannot make laws that interfere with fundamental rights)

Proving Intent to Discriminate Institutional Discrimination: Using the

power of the government to make laws that deny rights to a citizen

Discrimination exists individuals are treatedunfairly solely because of their race, gender, ethnic groups, age, physical disability, orreligion

Washington v. Davis: The Court ruled “intent” to discriminate must be proven for a law to be ruled asunconstitutional due to discrimination

The Equal Rights Struggle

Jim Crow laws: State and local laws that required racial segregation in places like schools, public transportation and hotels

Plessey v. Ferguson (1896): The Supreme Court upheld the constitutionality of segregation. They said “separate but equal” was OK

Brown v. Board of Education (1954): The Supreme Court overturned Plessey v. Ferguson ruling that “separate is inherently unequal” and ordered the end of segregated schools

The Equal Rights StruggleThe Civil Rights Movement

The “Brown” Decision led the way to the Civil Rights Movement

Dr. Martin Luther King Jr. will lead an organized nonviolent protest movement that pushed for changes in the laws of the United States

New Civil Rights Laws