Search

The U.S. Constitution touches on the definition of citizenship only indirectly and makes no provisions for how aliens, or noncitizens, may become citizens. Moreover, although the amendments to the Constitution enumerate rights, it is not clear to what extent these rights apply to people who live in the United States but are not U.S. citizens. Because the Supreme Court is entrusted with interpreting the Constitution and establishing whether laws are consistent with this document, it has played a critical role in determining the rights of aliens.

The Immigration Act of 1924 provided for a system of quotas for immigration into the United States, drastically limiting the numbers of people from southern and eastern Europe who could enter the country, especially in comparison with more “favored” national groups from northern and western Europe. As a result of strong pressure from American employers dependent on Latin American laborers, the measure included few restrictions on immigrants from nations in the Western Hemisphere. Otherwise, it severely curtailed the immigration of groups deemed by restrictionists to be not “American” enough.

An alien is a person who is in a country but is not a national, or citizen, of the country. A person may be a resident alien of the country in which he or she resides, or an undocumented alien, often called an illegal immigrant.

The term "green card" refers to the document that grants an immigrant lawful permanent residence in the United States. There are two main channels for pursuing a green card: through an employer, or through a family member who has lawful permanent resident status in the United States. Immigrants may also participate in the Diversity Immigrant Visa (DV) program, also known as the "green card lottery," to gain a green card. After holding a green card for five years, or for three years if married to a US citizen, an immigrant is eligible for US citizenship via the process of naturalization.

DEFINITION: Term informally applied to immigrants who reside in the United States for long periods without obtaining citizenship

Anchor baby is a term used to describe a child born to a noncitizen in a country that has birthright citizenship, meaning that the child is automatically a citizen simply by being born there. The child is therefore viewed as an anchor the family may use to gain citizenship. The suggestion that the child is a tool toward citizenship has generated controversy and heated debate in the United States, where the term originated. Anchor baby is often used as a pejorative, suggesting that the mother gave birth in the country specifically to gain a foothold for the family to become citizens in the future.

On December 7, 1941, Japanese forces launched an air attack on the US naval base at Pearl Harbor, Hawaii. Over the next few days, the United States plunged into World War II as it (along with Britain) declared war on Japan on December 8 and Germany and Italy declared war on the United States on December 11. Amid this turmoil, President Franklin D. Roosevelt first issued a proclamation under existing US law permitting the detainment and internment of Japanese nationals residing in the United States. Two additional orders, including Presidential Proclamation 2526, expanded these authorizations to include German and Italian citizens. Over the next several years, the US Department of Justice oversaw thousands of cases in which so-called enemy aliens were brought in for hearings to determine their loyalty to the United States. Some of these foreign nationals were interned in detention camps; others were released, but subjected to additional restrictions on their rights and movements.

After the Japanese attack on Pearl Harbor on December 7, 1941, US entry into World War II was certain, despite a long effort to maintain official neutrality. Fearful of another direct attack and concerned over possible spies within the nation's border, the US federal government instituted new policies placing legal restrictions on citizens of foreign countries at odds with the United States in the conflict. Even before war had been formally declared against the two main Axis powers, Germany and Italy, US president Franklin D. Roosevelt signed presidential proclamations authorizing the US Department of Justice to investigate and detain so-called enemy aliens of Japanese, German, and Italian descent resident within the nation's borders. As for Italian Americans, thousands were arrested over the course of the war, more than ten thousand on the West Coast were forced to leave their homes, and hundreds of thousands more experienced special legal scrutiny and restrictions on their activities.

This radio address, delivered by United States Attorney General Francis Biddle, outlined the process to be followed to identify, register, and monitor citizens of nations that were then at war with the United States. The enemy alien registration of 1942 was the latest in a series of steps taken in an effort to contain perceived threats from within the country. Japanese, German, and Italian citizens living in the United States were forced to register and be fingerprinted at local post offices, and they were required to carry their enemy alien registration card with them at all times. Most Americans, influenced by prevailing ideas about race and ethnicity and frightened that there were enemy agents living among them, supported this registration and the subsequent internment of people of Japanese descent, including American citizens, on the Pacific coast. A far smaller number of Germans and Italians were also detained. Attorney General Biddle argued that the burden on the people identified as enemy aliens was light—just a simple registration form—and was a necessary step in wartime. He also emphasized that the vast majority of these people were peaceful and loyal, and that persecuting them would only make them more likely to be sympathetic to the enemy nation of their birth.

The issue of citizenship is so important that naturalization is mentioned within the foundation law of the United States, [a]Constitution, U.S.;and naturalization[naturalization] the U.S. Constitution. Article I, section 8 of that document authorizes the U.S. Congress, U.S.;and naturalization[naturalization] Congress to “establish an uniform Rule of Naturalization.” In 1790, the year after the Constitution was ratified, Congress enacted its first naturalization law. The Fourteenth Amendment, which was ratified in 1868, expanded the constitutional definition of citizenship. Since that time, additional legislation has continued to refine the legal rules concerning naturalization. Naturalization Citizenship;and naturalization[naturalization] Naturalization Citizenship;and naturalization[naturalization] [cat]CITIZENSHIP AND NATURALIZATION;Naturalization[03780]