week9_noncitizens

Week 9 Overview

Topic: Judicial Rights of ImmigrantsInstructor: Professor SalamCourse: POLI104C: Civil Liberties– Rights of the Accused & MinoritiesDate: March 4, 2025

Today's Agenda

• Defining Citizenship

• Impact on Judicial Rights

• Habeas Rights

• Punishment

• Individual Liberties

Scope of Liberties:

• Discussed rights enshrined in the U.S. Constitution, primarily focusing on the Bill of Rights that outlines fundamental freedoms and protections.

• It is crucial to recognize that many of these rights primarily define those of citizens and may not uniformly extend to non-citizens, raising complex legal and ethical questions regarding inclusivity.

• Application to Non-Citizens:

  • Categories Affected:

    • Individuals outside the U.S. who are under the control of the U.S. government, such as detainees in overseas military bases.

    • Non-citizens residing within the U.S., including immigrants and residents who lack formal citizenship status.

    • Individuals located in U.S. territories, like Puerto Rico, where citizenship rights can differ significantly.

• While legal protections may extend to non-citizens, notably through asylum processes and international treaties, there are critical instances where they may be restricted from exercising particular rights afforded to citizens, especially in matters of due process and equal protection under the law.

Definition of Citizenship

• Concept of Citizenship:

  • The modern concept of citizenship in the U.S. has roots in feudal England and contrasts two principles: jus soli (right of the soil) granting citizenship to anyone born on U.S. territory, and jus sanguinis (right of blood) which bases citizenship on parental nationality.

• Differences in Historical Context:

  • Historical accounts show that English subjects historically faced limited rights compared to citizens of the United States.

  • Rights regarding movement, suffrage, and political participation varied greatly, with naturalization being approximately tenfold more challenging under English law than in the U.S.

Citizenship & Identity

• Birthright Citizenship:

  • Initially, birthright citizenship was mainly applicable to native-born white individuals, highlighting racial and social biases entrenched in early U.S. policies.

• Naturalization Laws:

  • The U.S. Congress established explicit criteria for naturalization, favoring free white individuals, reinforcing racial hierarchies. This bias perpetuated ambiguities in citizenship laws, often disadvantaging marginalized communities.

• Ambiguities in Citizenship:

  • Legal uncertainties existed, specifically regarding Native Americans and free Black individuals; enslaved people were deliberately excluded from citizenship rights, which compromised their labor, mobility, and political engagement.

Legal Cases Impacting Citizenship

• Dred Scott v. Sandford (1857):

  • This landmark case ruled that people of African descent could not claim U.S. citizen status, reinforcing systemic racism in citizenship laws that persisted into the civil rights era.

• Fourteenth Amendment:

  • Ratified in 1868, this amendment established citizenship for all persons born or naturalized in the United States, including former slaves, providing protections such as due process and equal protection under the law.

Evolution of Citizenship

• The post-14th Amendment redefinition of citizenship led to significant civil rights advancements, encapsulated in the Civil Rights Act of 1866, while surmounting exclusions of non-U.S. jurisdiction individuals not receiving equal protection under the law.

Notable Cases Concerning Citizenship

• Elk v. Wilkins (1884):

  • This case held that Native Americans born into tribes were not considered U.S. citizens, indicating a continued exclusion from civil rights.

• U.S. v. Wong Kim Ark (1898):

  • Established the precedent that children born in the U.S. to non-naturalized parents were granted citizenship under the Fourteenth Amendment, affirming the doctrine of jus soli.

Habeas Corpus in National Security

• In the backdrop of post-9/11 legal discourse, the rights of Guantanamo detainees under habeas corpus scrutiny raised pivotal questions regarding civil liberties and national security, spotlighting the tension between individual rights and state power.

Immigration and Punishment

• Impact of Immigration Status on Punishment:

  • Certain criminal offenses can catalyze the deportation of non-citizens, particularly aggravated felonies, impacting their legal standing and societal integration.

  • Permanent residents may also face deportation if convicted of specific crimes, even minor infractions for undocumented immigrants could lead to significant legal repercussions, including deportation.

Federalism & Law Enforcement

• ICE's Role:

  • Immigration and Customs Enforcement (ICE) plays a fundamental role in enforcing immigration laws within the United States, reflecting federal priorities in managing immigrant populations.

• Local Law Enforcement:

  • The interactions between local police and undocumented individuals significantly affect immigration status checks, with some jurisdictions opting for more inclusive policies, such as sanctuary city ordinances, which limit local enforcement of federal immigration laws.

Summary of Challenges and Discussions

• The discussion highlighted potential conflicts between partisanship and evolving attitudes toward immigration, alongside an assessment of institutional influences that dictate sheriff behavior in immigration enforcement practices.

• There’s a keen focus on the implications of changing views on immigration over the last decade, which could influence upcoming legislative reforms.

Upcoming Topics

• The next class will delve into equal protection, examining how contemporary legal and societal perspectives frame the rights and protections guaranteed to all individuals, regardless of citizenship status.