alienage

Beyond this, they will encounter a population who has imbibed and internalised the language of the alienage and is more than willing to 'liquidate' threatening foreigners, to use Arendt's language.

Judge Clifton, dissenting in Korab, noted that "[a] federal 'direction' that points in two opposite ways is not a direction" and characterized Congress's delegation of power to the states as a "lit firecracker, at risk of exploding when a state exercised its discretion to discriminate on the basis of alienage.

236) In one case, the ICE Office of Chief Counsel responded to a request for prosecutorial discretion twenty-two minutes after the request was filed with the following reference to a pending motion to suppress: "I note that significant resources have already been expended in the two plus years these proceedings have been pending, and we still do not have a resolution as to even the preliminary issue of alienage.

Alienage law differentiates laws governing the treatment and rights of non-citizens living in the United States and is distinct from both immigration law and naturalization law.

In areas with high numbers of noncitizen prosecutions and anti-immigrant sentiment, jury bias based on alienage (or perceived alienage) should be a real concern.

176) Although the scope of rights claimed for discrimination on the basis of alienage has been tested for documented immigrants who are noncitizens--i.

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.

The 14 articles in the first volume cover peoples on the move, sovereignty, and globalization; and alienage, citizenship, and the rule of law.

Indeed, the Supreme Court treated Arizona's flagship restrictionist laws as alienage regulation rather than immigration regulation, (35) despite Arizona's statutorily declared purpose to make "attrition through enforcement" the state's public policy.

Though ostensibly grounded in equal protection principles, the decision also pointed to the absence of presidential or congressional involvement in the development of the CSC's alienage restrictions; indeed, the Court expressly left open the possibility that "an explicit determination by Congress or the President to exclude all noncitizens from the federal service" might pass constitutional muster.

EQUAL PROTECTION CHALLENGES: SCRUTINY AS APPLIED TO ALIENAGE

The 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.

By contrast, the Supreme Court has long been reticent to extend any level of heightened scrutiny to classes other than illegitimacy, race, alienage, national origin, and gender, turning its focus instead to whether legislation is "rationally related to a legitimate governmental purpose.

Constitutional citizenship through the prism of alienage.