Foundations of Civil Rights and Immigration Policies

Civil Rights

Positive actions by the government to ensure constitutional guarantees are upheld for everyone, including non-citizens.

14th Amendment - Section 1

Grants citizenship to anyone born or naturalized in the U.S.

Jus Soli

Born on U.S. soil.

Jus Sanguinis

Born to U.S. citizen parents.

Naturalization

Legal process of becoming a U.S. citizen.

Aliens

Foreign-born individuals (Latin: alienus = stranger).

Resident Aliens

Legally live in the U.S.

Non-Resident Aliens

Temporarily in U.S. (e.g., visitors, students).

Naturalization Requirements

Legal admittance, 5 years of residency, 18+ years old, proficient in English, civics test, good moral character, petition + oath of allegiance.

Natural-born Citizenship Loss

Through expatriation (voluntary renunciation) - Expatriation Act of 1868.

Naturalized Citizenship Loss

Can be revoked under certain conditions.

1986 Act

Fines employers, legalized 3 million undocumented immigrants who arrived before 1982.

1996 Laws

Increased ability to deport undocumented immigrants.

Immigration and Naturalization Acts (1965 and 1990)

Set 675,000 permanent immigrants per year: 480,000 for family, 140,000 for employment, 55,000 for diversity.

14th Amendment - Equal Protection Clause

No state may deny any person equal protection of the laws.

Rational Basis Test

Is classification reasonably related to a legit government purpose?

Strict Scrutiny Test

Used for suspect classifications (race, religion, national origin). Must serve a compelling government interest.

De Jure Discrimination

Legal discrimination ('in law').

De Facto Discrimination

Social/actual discrimination ('in fact/practice').

Civil War Amendments

13th Amendment: Ends slavery, 14th Amendment: Citizenship + Equal Protection, 15th Amendment: Voting rights for African-American men.

19th Amendment

Women's suffrage (1920).

Brown v. Board of Education

Ends racial segregation in public schools (1954).

Civil Rights Act

Ends segregation in public places, prohibits employment discrimination, withholds federal funding from discriminatory states.

Voting Rights Act

Protects minority voting rights (1965).

Affirmative Action

Policies encouraging diversity and correcting past discrimination.