By Victor C. Romero
Throughout American background, the govt. has used U.S. citizenship and immigration legislations to guard privileged teams from much less privileged ones, utilizing citizenship as a “legitimate” proxy for in a different way invidious, and infrequently unconstitutional, discrimination at the foundation of race. whereas racial discrimination isn't legally applicable this present day, profiling at the foundation of citizenship continues to be principally unchecked, and has in reality arguably elevated within the wake of the September eleven terror assaults at the usa. during this considerate exam of the intersection among American immigration and constitutional legislations, Victor C. Romero attracts our consciousness to a “constitutional immigration legislation paradox” that reserves definite rights for U.S. voters in simple terms, whereas at the same time purporting to regard everyone relatively below constitutional legislations despite citizenship.
As a naturalized Filipino American, Romero brings an outsider's standpoint to Alienated, forcing us to examine constitutional immigration legislations from the vantage aspect of individuals whose citizenship prestige is murky (either legally or from the perspective of different electorate and lawmakers), together with foreign-born adoptees, undocumented immigrants, travelers, international scholars, and same-gender bi-national companions. Romero endorses an equality-based analyzing of the structure and advocates a brand new theoretical and sensible procedure that protects the person rights of non-citizens with out sacrificing their personhood.
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Additional info for Alienated : immigrant rights, the constitution, and equality in America
First, I assumed that because my undergraduate school had complied with INS regulations regarding my enrollment, my graduate school would have as well. 48 Second, I assumed that when an International Students Office, which is dedicated to normalizing the school experiences of foreign and citizen students, renders immigration advice, such advice is trustworthy and reliable. Third, I assumed that the Consular Office in Manila would be able to fairly balance the equities and treat my case on an individual basis.
This search for the next terrorist has affected many of us most profoundly in the context of airport security. In an ideal world, perhaps, there would be a “terrorist screening device” through which all airport passengers would have to pass; it would search not only the person’s belongings for potentially dangerous weapons, but would also unerringly read the passenger’s mind to determine whether he or she plans to hijack the next flight—a souped-up “lie-detector test,” if you will. Despite our twenty-first-century advances, we have no such gadget (nor is any looming on the technological horizon)4 and we often settle for second-best solutions such as using race and citizenship as proxies for (dis)loyalty.
20 But as Justice Murphy pointed out in dissent, the underlying rhetoric employed by the internment camps’ chief enforcer, General DeWitt, was based more on stereotypical conceptions of who might be disloyal than on statistical fact: Further evidence of the Commanding General’s attitude toward individuals of Japanese ancestry is revealed in his voluntary testimony on April 13, 1943, in San Francisco before the House Naval Affairs Subcommittee to Investigate Congested Areas[:] “I don’t want any of them (persons of Japanese ancestry) here.