Citizenship and Equal Justice

Chapter 14

A

citizen

is a member of a state

or

nation who owes allegiance to it by birth or naturalization and is entitled to full civil rights.

Immigrants and Aliens

       Throughout American History immigrants have often been referred to as aliens. An residence in the U.S. Alien is a person from a foreign nation who has established permanent A resident alien is a person from a foreign nation who has established permanent residence in the U.S.

A non-resident of time.

is a person from a foreign country who expects to stay in the U.S. for a short, specified period An enemy alien is a citizen of a nation with which the U.S. is at war. are people fleeing to escape persecution or Refugees danger.

Amnesty is a general pardon the government offers.

An illegal alien or entry permit.

is a person who comes to the United States without legal permit, such as a passport, visa,

Immigration Policy

  1882-1924: The Growth of Restrictions –In 1882 Congress passed the first major federal immigration law that barred entrance to people such as the mentally handicapped, convicts, and paupers.

Chinese Exclusion Act-which restricted the admission of Chinese laborers. At the same time, the law prevented all foreign-born Chinese from acquiring citizenship.

This photo was taken when Chinese immigrated to the United States {San Francisco}. Sometime between 1850-1882 when the Exclusion Act didn't exist. At the time, Immigration was not illegal. In the photo they are going through inspection and the immigration "process". They went to Angel's Island because it was very isolated, and they formed their own community there.

1924-1965 National Origins Quotas

     1924 Congress took a more drastic step toward restricting immigration. The Immigration Act of 1924 immigrants allowed into the country to less than had higher quotas than others.

, also known as the Johnson Act, lowered the number of 165,000 per year.(An 80% decrease).Certain countries Immigration Reform Act of 1965 Abolished the system of national origins quotas.

Two categories were set up: those who could come from countries of the Eastern Hemisphere and those who could come from the western hemisphere.

Immigration Reform and Control Act of 1986 illegal immigrants.

This allowed for illegal to become permanent residents and citizens, as well as punishment for employers who hire The Immigration Act of 1990 immigrants The new law was designed to once again take the countries of origin into account and to admit more highly skilled and educated

The Basis of Citizenship Why become a citizen?

      People’s lives are more secure here if they are citizens.

You can’t be deported.

You can vote.

It’s easier and faster to bring family members to the U.S.

You can work for the federal government.

You can obtain a U.S. passport.

There are three ways a person can be a United States citizen.

1) 2) 3) Born on American soil (14 th Naturalization (14 th Amendment) Amendment) Born to a parent who is a United States citizen. Jus soli – “Law of the soil” pronounced (yoos soh lee) Jus sanguinis – “Law of blood” pronounced

Citizenship

   

National Citizenship The 14 th

Amendment-It is clear and forceful about the basis of citizenship: It guaranteed that people of all races born in the U.S. and subject to its government are citizens, making state citizenship and automatic result of national citizenship.

Citizenship by the “Law of the Soil”(Jus Soli) a Latin phrase that means that citizenship is granted automatically to anyone born in the U.S.

Citizenship by Birth to an American Parent- Jus sanguinis which means law of blood. The rules governing this can be tricky-If an individual is born in a foreign country and both parents are U.S. citizens, the child is a citizen, provided one requirement is met. One of the parents must have been a legal resident of the U.S. or its possessions at some point in his or her life.

Citizenship by Naturalization Individual Naturalization

 Naturalization is generally an individual process in which the Immigration and Naturalization Service investigates each applicant and then reports to a judge. If the judge is satisfied, the oath or affirmation is administered in open court, and the new citizen receives a certificate of naturalization.

Collective Naturalization

This form of naturalization is less common than individual naturalization. This has most often happened when the United States has acquired new territory and the inhabitants are given citizenship.

Naturalization is the legal process by

which a person becomes a citizen of another country at some time after birth.

Qualifications for Citizenship

     Entered the United States legally Good moral character Declare their support of the principles of American government Read, write and speak English Show basic knowledge of American history and government

The Responsibilities of Citizens

Knowing about rights and laws Citizenship involves participation in voting

Losing Citizenship



Expatriation

It is the legal process by which a loss of citizenship occurs.

Expatriation is a voluntary act.

The Supreme Court has held that the Constitution prohibits automatic expatriation, so an individual cannot have his or her citizenship taken away for breaking a law.

Punishment for a Crime A person may loose citizenship when convicted of certain federal crimes that involve extreme disloyalty. These crimes include treason, participation in rebellion, and attempts to overthrow the government by violent means.

Complex legal problems?

3 misdemeanors = 1 felony And it’s retroactive!

Go to an immigration lawyer to clarify problems.

Red flags

Losing Citizenship

Denaturalization

 The process by which citizens can lose their citizenship involuntarily.

 This process can only occur by court order and only after it has been shown that the person became a citizen by fraud or deception

Citizenship Process

Who is eligible to apply?

    18 years old or more Has a green card Lived in US for 5 years Lived in US 3 years if married to a citizen

 Children under 18 ◦ have a green card ◦ ◦ become citizens the day the parent is sworn in $460 fee  shortcut for members of the military.

Who should take Citizenship classes?

A student who has had their resident alien card (green card) for at least 4 years. Check their green card for the date on the front or the back of the card.

How long does it take to become a citizen; from application form to swearing in ceremony?

Guess …  2 months    5 months 8 months One year Answer:  6-8 months

What happened after October 1, 2008?

All citizenship applicants who filed their N-400 on or after October 1, 2008 will take the new test

.

What Happens in the Interview?

Current test

The USCIS officer … 1.

asks applicant about information on the application form (N 400) 2.

3.

asks 10 questions about US history and government from the list of 96 questions gives applicant a one sentence dictation Interview lasts about 15-20 minutes

New Test

The USCIS officer … 1.

asks applicant about information on the application form (N-400) – NO CHANGE 2.

asks 10 questions about US history and government from the new set of 100 Q’s – 6 must be correct New topic: geography Questions with multiple answers

When do you become a Citizen?

At the Swearing-in Ceremony Usually 2-3 months after the citizenship interview

Early History

Why did the Pilgrims come to America? For religious freedom.

What was the name of the Pilgrim’s ship?

Who helped the Pilgrims in America?

The Mayflower.

Native Americans.

What holiday was celebrated for the first time by the American Colonists?

Name the first 13 colonies.

Thanksgiving Day.

1. New Hampshire 8. Pennsylvania 2. New York 9. Virginia 3. New Jersey 10. Georgia 4. Maryland 11. Connecticut 5. Massachusetts 12. Delaware 6. North Carolina 13. Rhode Island 7. South Carolina



The Rights of the Accused-Section III

  

SEARCH AND SEIZURE—4 th Amendment "the right of the people to be secure in their persons, houses, not be violated....." papers, and effects from unreasonable search and seizure shall police must show "probable cause" before searching and/or seizing evidence and a search warrant.

the exclusionary rule states that evidence obtained through an illegal search cannot be used against the accused in court.

Schools have the right to search cars, lockers, book bags, etc.

RIGHTS OF THE ACCUSED writ of habeas corpus--an officer must bring an accused before a court and show cause why the prisoner should not be released.

bills of attainder--punishment cannot be given to you without a court trial.

ex post facto laws--a law cannot be passed making an activity a crime, after you have committed the activity, for the sole purpose of punishing you.

a grand jury in federal/capital cases (5th Amendment) double jeopardy--cannot be charged and tried for the same crime twice. (5th Amendment) speedy and public trial (6th Amendment) 1. "speedy" means a reasonable amount of time (usually 100 days) 2. "public" open to the public for them to attend.

trial by jury (6th Amendment) (petit jury)

right to an adequate defense (6th Amendment) 1. to be informed of the accusation against you 2. to confront the witnesses against you 3. to bring witnesses to testify for you 4. to have a lawyer help you to be free from self-incrimination (5th Amendment) to be free from excessive bail or fine (8th Amendment) to be free from cruel and unusual punishment (8th Amendment)

Equal Protection of the Law Section 4

1.

2.

The system of government in the United States seeks equality in the following areas: Equal justice before the law – The goal of the American legal system is to treat all people alike.

Equal opportunity vs. Equality of wealth – All people should be have equal opportunity regardless of their wealth.

Equal Protection Clause Reasonable Classification

The government may reasonably classify, or draw distinctions, between groups of individuals. Government may not discriminate

unreasonably, however.

The Supreme Court often uses two measures to determine the constitutionality of an action: The Rational Basis Test

• The rational basis test asks: Does the classification in question bear a reasonable relationship to the achievement of some proper governmental purpose?

The Strict Scrutiny Test

• Sometimes more imposing standards are used, especially when a case deals with “fundamental rights” or “suspect classifications.” The 14th Amendment’s Equal Protection Clause declares that citizens are protected equally under the law.

Segregation in America

• Segregation means the separation of one group from another. • Jim Crow laws, passed in the late 1800s by several States, aimed at separating minorities from the white population.

• The separate-but-equal doctrine, upheld by Plessy v. Ferguson, 1896, provided that separate facilities for African Americans were legal as long as they were equal to those provided for whites.

• In 1954, the Supreme Court struck down separate-but equal in Brown v. Board of Education of Topeka. • Desegregation and integration programs progressed through the 1950s and 1960s.

• De facto segregation, segregation in fact even if no law requires it, has emerged in housing and schooling patterns in some areas of the country.

Classification by Sex

• The only mention to sex in the Constitution is in the 19th Amendment, which forbids the denial of the right to vote “on account of sex.” • Since the 1971 Reed v. Reed case, the Supreme Court has struck down many laws that discriminated because of Sex.

• Overall, the Court has ruled that laws that treat men differently than women will be overturned unless (1) they are intended to serve an “important government objective” and (2) they are “substantially related” to achieving that goal.

Challenges for Civil Liberties Section 5

Affirmative Action

is a policy that requires most employers to take positive steps to remedy the effects of past discriminations.

This policy applies to all the agencies of the Federal Government, to all the States and their local governments, and to all those private employers who sell goods or services to any agency of the Federal Government.

• Beginning in 1965, affirmative action programs established guidelines and timetables for overcoming past discriminations.

• Many employers hire certain workers due to their minority backgrounds or gender. Such rules requiring specific numbers of jobs or promotions for members of certain groups are called quotas.

Affirmative Action Cases and Measures

Regents of the University of California v. Bakke, 1978

• Allan Bakke sued the University of California for reverse discrimination and won. This case shows that the Constitution does not allow race to be used as the only factor in the making of

affirmative action decisions.

Adarand Constructors v. Pena, 1995

• The Supreme Court’s decision in this case holds that whenever government provides for any preferential treatment based on race, that action is almost certainly unconstitutional, even if it is intended to benefit minority groups suffering from past injustices.

A Nation of Immigrants Regulation of Immigrants

• Congress has the exclusive power to regulate immigration.

• The first major restrictions on immigration was the Chinese Exclusion Act in 1882.

Other groups were added to the act until there were over 30 restricted groups in the early 1920s. The next step was the National Origins Act of 1929. This act assigned quotas of immigrants to each country.

• Eventually, the quota system was eliminated with the Immigration Act of 1965, which allowed over a quarter million immigrants into the United States each year, without regard to race, nationality, or country of origin.

Deportation

• This is a legal process in which aliens are legally required to leave the United States.

• The most common cause of deportation is illegal entry to the country.

Undocumented Aliens

• No one knows for sure how many undocumented aliens live in the United States today. The Census Bureau and the INS give estimates between three and six million. However, some feel the number is twice that many.

• The growing number of undocumented aliens places stress on programs which are based on a known population. With such an increase, there is added stress on public schools and welfare services in several States.

• After much debate and struggle, Congress passed the Illegal Immigration Restrictions Act of 1996. This law made it easier for the INS to deport aliens by toughening the penalties for smuggling aliens into this country, preventing undocumented aliens from claiming Social Security benefits or public housing, and allowing State welfare workers to check the legal status of any alien who applies for any welfare Benefits.