Bosniak, Universal Citizenship and the Problem of
Alienage, 94 Nw.
ALIENAGE STATUS'S INFLUENCE ON PERSONAL JURISDICTION A.
first time that
alienage is a suspect classification").
(176) Although the scope of rights claimed for discrimination on the basis of
alienage has been tested for documented immigrants who are noncitizens--i.e.
Nonetheless, state authority to enact
alienage laws is restricted
67, 81 (1976) (applying a deferential standard of review for discriminatory
alienage laws adopted by the federal government because "these matters may implicate our relations with foreign powers, and ...
Article 3 of the Agreement states: "Any person who at the date of the coming into force of the present Treaty is, by virtue of the Constitution of the Union of Burma, a citizen thereof and who is, or by virtue of a subsequent election is deemed to be, also a British subject, may make a declaration of
alienage in the manner prescribed by the law of the Union, and thereupon shall cease to be a citizen of the Union."
In his removal case, Roberto wishes to assert his right to remain silent so as to hold ICE to its burden of proving
alienage. (167) The only evidence of
alienage ICE has is his admission of foreign birth when he was arrested, which he will argue should be suppressed, as his Fourth Amendment rights were egregiously violated when ICE took this statement (ICE forced a confession under duress).
The 14 articles in the first volume cover peoples on the move, sovereignty, and globalization; and
alienage, citizenship, and the rule of law.
155,180 (2014) (noting that, from a federalism perspective, the Court's
alienage cases present a "mirror image" to the Court's Windsor decision, in that the
alienage cases effectively provide for "strict scrutiny when [laws are] passed by states and rational basis review when passed by Congress").
EQUAL PROTECTION CHALLENGES: SCRUTINY AS APPLIED TO
ALIENAGEThe five basic parts of the refugee definition from the first edition--alienage, well-founded fear, persecution, nexus, and cessation/exclusion--are now expanded into seven:
alienage, well-founded fear, serious harm, state protection, nexus, cessation, and exclusion.