Citizenship and Equal JusticeCitizenship and Equal Justice

A citizen is a member of a state or nation who owes allegianceto it by birth or naturalization and is entitled to full civil rights.

Chapter 14

Immigrants and AliensImmigrants and Aliens Throughout American History immigrants have often

been referred to as aliens. An Alien is a person from a foreign nation who has established permanent residence in the U.S.

A resident alien is a person from a foreign nation who has established permanent residence in the U.S.

A non-resident is a person from a foreign country who expects to stay in the U.S. for a short, specified period of time.

An enemy alien is a citizen of a nation with which the U.S. is at war.

Refugees are people fleeing to escape persecution or danger.

Amnesty is a general pardon the government offers. An illegal alien is a person who comes to the United

States without legal permit, such as a passport, visa, or entry permit.

Immigration PolicyImmigration Policy

1882-1924: The Growth of Restrictions –In 1882 Congress passed the first major federal immigration law that barred entrance to people such as the mentally handicapped, convicts, and paupers.

Chinese Exclusion Act-which restricted the admission of Chinese laborers. At the same time, the law prevented all foreign-born Chinese from acquiring citizenship.

                                                                                                                  

                                    

This photo was taken when Chinese immigrated to the United States {San Francisco}. Sometime between 1850-1882 when the Exclusion Act didn't exist. At the time, Immigration was not illegal. In the photo they are going through inspection and the immigration "process". They went to Angel's Island because it was very isolated, and they formed their own community there.

1924-1965 National Origins 1924-1965 National Origins QuotasQuotas 1924 Congress took a more drastic step toward

restricting immigration. The Immigration Act of 1924, also known as the Johnson Act, lowered the number of immigrants allowed into the country to less than 165,000 per year.(An 80% decrease).Certain countries had higher quotas than others.

Immigration Reform Act of 1965-Abolished the system of national origins quotas.

Two categories were set up: those who could come from countries of the Eastern Hemisphere and those who could come from the western hemisphere.

Immigration Reform and Control Act of 1986-This allowed for illegal to become permanent residents and citizens, as well as punishment for employers who hire illegal immigrants.

The Immigration Act of 1990-The new law was designed to once again take the countries of origin into account and to admit more highly skilled and educated immigrants

The Basis of CitizenshipThe Basis of CitizenshipWhy become a citizen?Why become a citizen?

People’s lives are more secure here if they are citizens.

You can’t be deported.You can vote.It’s easier and faster to bring family members to

the U.S.You can work for the federal government.You can obtain a U.S. passport.

CitizenshipCitizenship

There are three ways a person can be aUnited States citizen.

1) Born on American soil (14th Amendment)2) Naturalization (14th Amendment)3) Born to a parent who is a United States

citizen.

Jus soli – “Law of the soil” pronounced (yoos soh lee)

Jus sanguinis – “Law of blood” pronounced (yoos sahn gwuh nuhs)

National Citizenship- The 14th Amendment-It is clear and forceful about the basis of

citizenship: It guaranteed that people of all races born in the U.S. and subject to its government are citizens, making state citizenship and automatic result of national citizenship.

Citizenship by the “Law of the Soil”(Jus Soli) a Latin phrase that means that citizenship is granted automatically to anyone born in the U.S.

Citizenship by Birth to an American Parent- Jus sanguinis which means law of blood. The rules governing this can be tricky-If an individual is born in a foreign country and both parents are U.S. citizens, the child is a citizen, provided one requirement is met. One of the parents must have been a legal resident of the U.S. or its possessions at some point in his or her life.

Citizenship by NaturalizationIndividual NaturalizationNaturalization is generally an individual process

in which the Immigration and Naturalization Service investigates each applicant and then reports to a judge. If the judge is satisfied, the oath or affirmation is administered in open court, and the new citizen receives a certificate of naturalization.

Collective NaturalizationThis form of naturalization is less common than individual naturalization. This has most often happened when the United States has acquired new territory and the inhabitants are given citizenship.

Naturalization is the legal process by which a person becomes a citizen of another country at some time after birth.

Qualifications for CitizenshipQualifications for Citizenship

Entered the United States legallyGood moral characterDeclare their support of the principles of American

governmentRead, write and speak EnglishShow basic knowledge of American history and

government

The Responsibilities of CitizensKnowing about rights and lawsCitizenship involves participation in voting

Losing CitizenshipLosing Citizenship

ExpatriationIt is the legal process by which a loss of

citizenship occurs. Expatriation is a voluntary act. The Supreme Court has held that the

Constitution prohibits automatic expatriation, so an individual cannot have his or her citizenship taken away for breaking a law.

Red flagsRed flags

Complex legal problems?3 misdemeanors = 1 felony

And it’s retroactive!

Go to an immigration lawyer to clarify problems.

Punishment for a CrimeA person may loose citizenship when convicted of certain federal crimes that involve extreme disloyalty. These crimes include treason, participation in rebellion, and attempts to overthrow the government by violent means.

Losing CitizenshipLosing Citizenship

DenaturalizationThe process by which citizens can lose

their citizenship involuntarily.This process can only occur by court order

and only after it has been shown that the person became a citizen by fraud or

deception

Citizenship ProcessCitizenship Process

18 years old or more

Has a green cardLived in US for 5

yearsLived in US 3 years

if married to a citizen

Who is eligible to apply?

Children under 18 ◦have a green card ◦become citizens the day the parent is

sworn in◦$460 fee 

shortcut for members of the military.

Who should take Citizenship Who should take Citizenship classes?classes?A student who has had their resident alien card

(green card) for at least 4 years.

Check their green card for the date

on the front or the back of the card.

How long does it take to become a How long does it take to become a citizen; from application form to citizen; from application form to swearing in ceremony?swearing in ceremony?

Guess …2 months5 months8 monthsOne year

Answer:6-8 months

What happened after October What happened after October 1, 2008?1, 2008?

All citizenship applicants who filed their N-400 on or after October 1, 2008 will take the new test. 

What Happens in the What Happens in the Interview?Interview?Current testCurrent test

The USCIS officer …1. asks applicant about

information on the application form (N-400)

2. asks 10 questions about US history and government from the list of 96 questions

3. gives applicant a one sentence dictation Interview lasts about 15-20 minutes

The USCIS officer …1. asks applicant about information on the

application form (N-400) – NO CHANGE2. asks 10 questions about US history and

government from the new set of 100 Q’s – 6 must be correct

New topic: geographyQuestions with

multiple answers

New Test

When do you become a When do you become a Citizen?Citizen?At the Swearing-in Ceremony

Usually 2-3 months after the citizenship interview

Early HistoryEarly History

Why did the Pilgrims come to America? For religious freedom.

What was the name of the Pilgrim’s ship?

The Mayflower.

Who helped the Pilgrims in America? Native Americans.

What holiday was celebrated for the first time by the American Colonists?

Thanksgiving Day.

Name the first 13 colonies. 1. New Hampshire 8. Pennsylvania

2. New York 9. Virginia

3. New Jersey 10. Georgia

4. Maryland 11. Connecticut

5. Massachusetts 12. Delaware

6. North Carolina 13. Rhode Island

7. South Carolina

The Rights of the Accused-Section III

SEARCH AND SEIZURE—4th Amendment"the right of the people to be secure in their

persons, houses, papers, and effects from unreasonable search and seizure shall not be violated....."

police must show "probable cause" before searching and/or seizing evidence and a search warrant.

the exclusionary rule states that evidence obtained through an illegal search cannot be used against the accused in court.

Schools have the right to search cars, lockers, book bags, etc.

RIGHTS OF THE ACCUSED  writ of habeas corpus--an officer must bring an accused before a court

and show cause why the prisoner should not be released.

bills of attainder--punishment cannot be given to you without a court trial.

ex post facto laws--a law cannot be passed making an activity a crime, after you have committed the activity, for the sole purpose of punishing you.

a grand jury in federal/capital cases (5th Amendment)

double jeopardy--cannot be charged and tried for the same crime twice. (5th Amendment)

speedy and public trial (6th Amendment)1. "speedy" means a reasonable amount of time (usually 100 days)2. "public" open to the public for them to attend.

trial by jury (6th Amendment) (petit jury)

right to an adequate defense (6th Amendment)

1. to be informed of the accusation against you2. to confront the witnesses against you3. to bring witnesses to testify for you4. to have a lawyer help you

to be free from self-incrimination (5th Amendment)

to be free from excessive bail or fine (8th Amendment)

to be free from cruel and unusual punishment (8th Amendment)

Equal Protection of the Law-Equal Protection of the Law-Section 4Section 4

The system of government in the United States seeks equality in the following areas:

1. Equal justice before the law – The goal of the American legal system is to treat all people alike.

2. Equal opportunity vs. Equality of wealth – All people should be have equal opportunity regardless of their wealth.

Equal Protection ClauseReasonable ClassificationThe government may reasonably classify, or draw distinctions, between groups of individuals. Government may not discriminate unreasonably, however.The Supreme Court often uses two measures to determine the constitutionality of an action:

The Rational Basis Test• The rational basis test asks: Does the classification in question bear a reasonable relationship to the achievement of some proper governmental purpose?

The Strict Scrutiny Test• Sometimes more imposing standards are used, especially when a case deals with “fundamental rights” or “suspect classifications.” The 14th Amendment’s Equal Protection Clause declares that citizens are protected equally under the law.

Segregation in America• Segregation means the separation of one group from another. • Jim Crow laws, passed in the late 1800s by several States, aimed

at separating minorities from the white population.• The separate-but-equal doctrine, upheld by Plessy v.

Ferguson, 1896, provided that separate facilities for African Americans were legal as long as they were equal to those provided for whites.

• In 1954, the Supreme Court struck down separate-but-equal in Brown v. Board of Education of Topeka.

• Desegregation and integration programs progressed through the 1950s and 1960s.

• De facto segregation, segregation in fact even if no law requires it, has emerged in housing and schooling patterns in some areas of the country.

Classification by Sex• The only mention to sex in the Constitution is inthe 19th Amendment, which forbids the denialof the right to vote “on account of sex.” • Since the 1971 Reed v. Reed case, the Supreme Court

has struck down many laws that discriminated because of Sex.

• Overall, the Court has ruled that laws that treat men differently than women will beoverturned unless (1) they are intended toserve an “important government objective” and

(2) they are “substantially related” toachieving that goal.

Challenges for Civil Liberties Challenges for Civil Liberties Section 5Section 5

Affirmative Actionis a policy that requires most employers to take positive steps to remedy the effects of past discriminations.

This policy applies to all the agencies of the Federal Government, to all the States and their local governments, and to all those private employers who sell goods or services to any agency of the Federal Government.

• Beginning in 1965, affirmative action programs established guidelines and timetables for overcoming past discriminations.

• Many employers hire certain workers due to their minority backgrounds or gender. Such rules requiring specific numbers of jobs or promotions for members of certain groups are called quotas.

Affirmative Action Cases and MeasuresRegents of the University of California v. Bakke, 1978• Allan Bakke sued the University of California for reverse

discrimination and won. This case shows that the Constitution does not allow race to be used as the only factor in the making of affirmative action decisions.

Adarand Constructors v. Pena, 1995• The Supreme Court’s decision in this case holds that

whenever government provides for any preferential treatment based on race, that action is almost certainly unconstitutional, even if it is intended to benefit minority groups suffering from past injustices.

A Nation of ImmigrantsRegulation of Immigrants• Congress has the exclusive power to regulate immigration.• The first major restrictions on immigration was the Chinese Exclusion Act in 1882.Other groups were added to the act until there were over 30 restricted groups in the early 1920s. The next step was the National Origins Act of 1929. This act assigned quotas of immigrants to each country.• Eventually, the quota system was eliminated with the Immigration Act of 1965, which allowed over a quarter million immigrants into the United States eachyear, without regard to race, nationality, or country of origin.Deportation• This is a legal process in which aliens are legally required to leave the United States.• The most common cause of deportation is illegal entry to the country.

Undocumented Aliens• No one knows for sure how many undocumented aliens live in theUnited States today. The Census Bureau and the INS give estimatesbetween three and six million. However, some feel the number is twicethat many.• The growing number of undocumented aliens places stress onprograms which are based on a known population. With such anincrease, there is added stress on public schools and welfare servicesin several States.• After much debate and struggle, Congress passed the IllegalImmigration Restrictions Act of 1996. This law made it easier for theINS to deport aliens by toughening the penalties for smuggling aliensinto this country, preventing undocumented aliens from claiming SocialSecurity benefits or public housing, and allowing State welfare workersto check the legal status of any alien who applies for any welfareBenefits.