In legal terms, what is the general definition of an alien?

In law, an alien is generally defined as any person or organization that is not a citizen or national of a specific country. However, the precise definitions and terminology can vary across different legal systems.

From which Latin word does the term 'alien' originate, and what did it mean?

The term 'alien' originates from the Latin word *alienus*. Historically, this Latin term signified a stranger, a foreigner, or someone not related by blood.

Besides 'alien,' what other terms are used in a similar legal context?

Similar terms used in the legal context of 'alien' include 'foreigner' and 'lander,' both referring to individuals from outside a particular jurisdiction or group.

What constitutes a 'legal alien' as a broad category?

A legal alien is any foreign national who is permitted by law to be present in the host country. This broad category encompasses individuals holding travel visas, foreign tourists, registered refugees, temporary residents, permanent residents, and those who have relinquished their citizenship.

What defines a 'temporary resident alien'?

A temporary resident alien is a foreign national who has received official permission from the government to reside, study, or work for a specific period. They are expected to either apply for an extension or depart the country before their permission expires.

How is a 'permanent resident alien' characterized in immigration law?

A permanent resident alien is an immigrant who has been lawfully admitted into a nation and granted the legal right to remain there permanently, in accordance with the country's immigration laws.

What is the legal definition of a 'nonresident alien'?

A nonresident alien is a foreign national who is legally present in a country but whose legal domicile, or primary place of residence and intent to remain, is in another nation.

Who is classified as an 'alien enemy' or 'enemy alien'?

An alien enemy, or enemy alien, is any foreign national whose country is at war with the host country. This classification carries specific legal implications, particularly during times of conflict.

What makes an individual classified as an 'undocumented alien' liable for deportation?

An individual is classified as an undocumented alien, also known as a deportable alien, if their presence within a nation violates that nation's immigration laws, making them subject to deportation proceedings.

How was the term 'alien' historically understood in English law?

In English law, an alien was historically defined as someone born outside the monarch's dominions who did not owe allegiance to the monarch. Such individuals faced restrictions, including being unable to own land and being subject to different taxes than subjects.

How does Australian nationality law categorize non-citizens?

In Australia, non-citizens are categorized as permanent residents, temporary residents, or unlawful non-citizens. The Australian nationality law defines citizenship within the country.

Are there exceptions to visa requirements for non-citizens entering Australia, and if so, for whom?

Yes, holders of New Zealand passports and citizenship are generally an exception to visa requirements for entry into Australia, as they may apply for a visa upon arrival under the Trans-Tasman Travel Arrangement.

What significant ruling did the High Court of Australia make regarding Aboriginal Australians and the definition of 'alien'?

In the 2020 case *Love v Commonwealth*, the High Court of Australia ruled that Aboriginal Australians cannot be considered aliens under the Australian Constitution, regardless of whether they were born in Australia or hold Australian citizenship.

What term does Canadian federal law use instead of 'alien,' and how is it defined?

In Canada, the term 'alien' is not used in federal statutes; instead, 'foreign national' serves as its equivalent. The Immigration and Refugee Protection Act defines a 'foreign national' as a person who is not a Canadian citizen or a permanent resident, and includes stateless persons.

How does the British Nationality Act 1981 define an 'alien' in the United Kingdom?

According to the British Nationality Act 1981, an alien is defined as a person who is not a British citizen, a citizen of Ireland, a Commonwealth citizen, or a British protected person.

What were some significant pieces of legislation in the UK concerning aliens in the early 20th century?

Key legislation in the UK concerning aliens during the early 20th century included the Aliens Act 1905, the British Nationality and Status of Aliens Act 1914, and the Aliens Restriction (Amendment) Act 1919, reflecting the period's societal turbulence.

What is the definition of an 'alien' under the U.S. Immigration and Nationality Act (INA)?

Under the U.S. Immigration and Nationality Act (INA), an 'alien' is defined as any person who is not a citizen or a national of the United States.

Who are considered 'non-citizen nationals' under U.S. law, and from where do they originate?

Under U.S. statutory law, people born in American Samoa or on Swains Island are considered 'non-citizen nationals'.

What is the process for refugees admitted to the U.S. regarding their status as immigrants and green card holders?

Refugees admitted to the United States under Title 8 of the U.S. Code automatically become 'immigrants' and subsequently 'special immigrants' after they receive a green card.

When did the term 'alien' begin to be used in U.S. law, and in what significant acts?

The term 'alien' has been used in U.S. law since 1790, notably in the Naturalization Act, and later in 1798 with the Alien and Sedition Acts, indicating its early presence in U.S. legal discourse.

How is the term 'illegal alien' used in U.S. federal law, according to PolitiFact?

According to PolitiFact, the term 'illegal alien' appears in U.S. federal law, but infrequently. When it does appear, it is often undefined or limited to specific contexts, such as introductory titles or felony convictions.

How does U.S. law extend the concept of 'alien' beyond natural persons to corporations?

Because U.S. law recognizes corporations as 'persons,' the term 'alien' is not limited to natural humans. Foreign corporations are technically classified as 'alien corporations,' distinguishing them from out-of-state corporations.

What are some of the tax implications for foreign nationals in the United States?

Foreign nationals in the U.S., whether nonresident aliens or resident aliens, are subject to a complex system of domestic tax laws and regulations, including income tax, social security taxes, and international tax treaties.

How does New York City's Human Rights Law address discrimination based on alienage or citizenship status?

Since 1989, New York City's Human Rights Law has prohibited discrimination based on alienage or citizenship status in employment, housing, and public accommodations.

What is the general approach to granting citizenship to non-natives in Gulf Cooperation Council (GCC) countries?

In Gulf Cooperation Council countries, such as the UAE, Saudi Arabia, Kuwait, Oman, Bahrain, and Qatar, citizenship is not easily granted to non-natives, even if they have lived in the region since birth.

What terms are used in U.S. law to refer to individuals present in the country unlawfully, besides 'illegal alien'?

Besides 'illegal alien,' U.S. law also mentions the term 'unauthorized alien' and, in some contexts, 'undocumented alien' or 'undocumented person'.

What international agreements affect the taxation of foreign nationals in the U.S.?

Income tax and social security tax treaties, along with totalization agreements, are international agreements that affect the U.S. tax residency and taxation of both nonresident and resident aliens.

How is the term 'foreign national' used in relation to 'alien' in the United States?

In the United States, the term 'alien' is synonymous with 'foreign national,' both referring to individuals who are not citizens or nationals of the U.S.

What is the significance of 'Alien Land Laws' as a related topic mentioned in the article?

'Alien Land Laws' are a related topic, referring to historical legislation in some jurisdictions that restricted land ownership by non-citizens, such as the California Alien Land Law of 1913.

What does the term 'Unaccompanied Alien Children' refer to in the context of related topics?

The term 'Unaccompanied Alien Children' refers to a specific legal category related to minors who are foreign nationals and are not accompanied by a parent or guardian, as indicated in the article's 'See also' section.

Which U.S. legal codes specifically mention or define 'alien enemies'?

U.S. legal codes that specifically address 'alien enemies' include 8 U.S.C. § 1442 concerning alien enemies and 18 U.S.C. § 757 regarding prisoners of war or enemy aliens.

What is the primary distinction between resident and nonresident aliens in the context of U.S. taxation?

The distinction between resident and nonresident aliens is crucial for U.S. taxation, as it determines how their income is taxed and which tax treaties or agreements might apply to them.

What is depicted in the photograph of the naturalization ceremony at Kennedy Space Center?

The photograph shows a naturalization ceremony at Kennedy Space Center in Florida in 2010. Before becoming naturalized citizens, the individuals depicted were lawfully admitted permanent resident aliens.

How does Canada's Immigration and Refugee Protection Act define a 'foreign national'?

Canada's Immigration and Refugee Protection Act defines a 'foreign national' as any person who is not a Canadian citizen or a permanent resident, and this definition also includes stateless persons.

How are foreign corporations legally classified in the United States?

In the United States, foreign corporations are legally classified as 'alien corporations' because U.S. law recognizes corporations as 'persons,' and a foreign corporation is essentially an out-of-state entity.

From which specific U.S. territories are individuals considered 'non-citizen nationals'?

Individuals born in American Samoa or on Swains Island are considered 'non-citizen nationals' under U.S. statutory law.

Do Arab states in the GCC easily grant citizenship to non-natives?

No, Arab states within the Gulf Cooperation Council (GCC) do not easily grant citizenship to non-natives, even if they have resided in the region since birth.

Why did the European Parliament move away from using the term 'alien' in its documentation?

The European Parliament moved away from using the term 'alien' in documents related to the Eurodac database, opting for 'third-country national or a stateless person,' suggesting a preference for more specific or less potentially stigmatizing terminology.

What were some legal restrictions faced by aliens in historical English law?

Historically, aliens in English law faced restrictions such as being prohibited from owning land and being subject to different tax regulations compared to British subjects.

What historical context led to the passage of specific UK alien legislation in the early 20th century?

The passage of legislation like the Aliens Act 1905 and the British Nationality and Status of Aliens Act 1914 in the UK was a direct result of the turbulence and societal changes experienced during the early part of the 20th century.

What criteria must an immigrant meet to be considered a 'permanent resident alien' in the United States?

To be considered a permanent resident alien in the United States, an immigrant must have been lawfully admitted into the nation and granted the legal right to remain permanently, as stipulated by U.S. immigration laws.

Which U.S. legal codes specifically address 'alien enemies'?

U.S. legal codes that specifically address 'alien enemies' include 8 U.S.C. § 1442 concerning alien enemies and 18 U.S.C. § 757, which pertains to prisoners of war or enemy aliens.

What makes an individual classified as an 'undocumented alien' liable for deportation?

An individual is classified as an undocumented alien, or deportable alien, if their presence within a nation violates that nation's immigration laws, making them subject to deportation proceedings.

What is the Canadian legal equivalent of the term 'alien'?

In Canada, the term 'foreign national' is used in legal documents as the equivalent of 'alien'.

How does U.S. law distinguish between 'non-citizen nationals' and 'aliens'?

U.S. law distinguishes between 'non-citizen nationals,' such as those born in American Samoa, and 'aliens,' who are defined as any person not a citizen or national of the United States.

What is the significance of the 'Alien Tort Statute' as a related topic?

The 'Alien Tort Statute' is a related legal topic mentioned in the article, indicating a specific U.S. law that deals with civil actions for torts committed in violation of the law of nations or a treaty of the United States.

Alien Law Wiki: The Global Citizen: Understanding Legal Status and Alienage

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Lexicology and Definition

Etymological Roots

The term "alien" originates from the Latin word alienus, which historically denoted a stranger, a foreigner, or someone not related by kinship. This linguistic heritage underscores the concept of being outside the established community or nation.

Core Legal Definition

In a legal context, an alien is broadly defined as any person, including an organization, who is not a citizen or national of a particular country. While this definition is common, specific terminology and interpretations can vary significantly across different legal systems worldwide.

Classifications of Aliens

Legal Aliens

This encompasses any foreign national lawfully permitted to reside within a host country. This broad category includes individuals holding various statuses:

Temporary Resident Alien: Permitted to reside, study, or work for a defined period, requiring extensions or departure before expiry.
Permanent Resident Alien: Lawfully admitted and granted the right to remain indefinitely, adhering to immigration laws.
Nonresident Alien: A foreign national lawfully present but whose legal domicile remains in another nation.

Enemy Alien

This classification applies to foreign nationals of a country with which the host nation is at war. Such individuals may be subject to specific restrictions and regulations during wartime.

Undocumented Alien

Referred to as a deportable alien, this term applies to individuals whose presence within a nation violates its immigration laws, rendering them liable for deportation.

Common Law Jurisdictions

English Law Heritage

Historically, under English law, an "alien" was any person born outside the monarch's dominions who did not owe allegiance to the Crown. Aliens faced restrictions, such as limitations on land ownership and differential taxation compared to subjects.

Australia

In Australia, non-citizens are categorized as permanent residents, temporary residents, or unlawful non-citizens. Most require a visa, with New Zealand passport holders having specific entry arrangements under the Trans-Tasman Travel Arrangement. Notably, the High Court has ruled that Aboriginal Australians cannot be considered aliens under the Constitution.

Canada

Canadian federal statutes use the term "foreign national" as the equivalent of "alien." This term, defined in the Immigration and Refugee Protection Act, includes any person who is not a Canadian citizen or permanent resident, encompassing stateless persons.

United Kingdom

The British Nationality Act 1981 defines an alien as a person who is not a British citizen, an Irish citizen, a Commonwealth citizen, or a British protected person. Early 20th-century legislation like the Aliens Act 1905 reflected periods of significant geopolitical change.

United States Legal Framework

Immigration and Nationality Act (INA)

The INA defines an "alien" as any person who is not a citizen or national of the United States. This definition is foundational to U.S. immigration law. Individuals born in American Samoa or Swains Island are statutorily considered "non-citizen nationals."

Corporations as Persons

Interestingly, U.S. law recognizes corporations as "persons." Consequently, foreign corporations are technically termed "alien corporations," distinguishing them from out-of-state corporations, which are considered "foreign" due to their incorporation in a different U.S. state.

Tax and Residency

Complex U.S. tax laws govern the residency status of foreign nationals, affecting their tax obligations. These regulations interact with international income tax treaties and totalization agreements, creating a nuanced framework for both resident and nonresident aliens.

Terminology Evolution

While "alien" is a long-standing legal term, its usage has evolved. Federal law mentions "illegal alien" and "unauthorized alien" in specific contexts, though its prevalence and definition within statutes are debated. Efforts have been made to adopt less "dehumanizing" terms in official discourse.

International Perspectives

Arab States (GCC)

In Gulf Cooperation Council countries, many non-native residents have lived there for generations but rarely obtain citizenship. This creates a significant population of long-term residents who remain legally classified as aliens, highlighting differing approaches to nationality and integration.

Europe

Within the European Union, there is a trend towards more inclusive terminology. For instance, the European Parliament has moved to replace "alien" with "third-country national or a stateless person" in documents related to databases like Eurodac, reflecting a shift in official language.

Related Legal Concepts

Key Areas of Law

The concept of "alien" intersects with several critical areas of law:

Alien Land Laws: Legislation historically restricting land ownership by non-citizens.
Alien Tort Statute: A U.S. federal law allowing foreign nationals to sue in U.S. courts for torts committed in violation of international law.
Persona Non Grata: A status granted to foreign persons whose entering or remaining in a country is not desirable.
Unaccompanied Alien Children: A term used in U.S. immigration law for minors who arrive without a legal guardian.

Social Stratification

The status of an "alien" can be influenced by broader concepts of social class and stratification. While distinct, these concepts interact, as legal status can impact social mobility, economic opportunities, and integration within a society.

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References

Van Houtum, Henk. "The mask of the border." The Routledge Research Companion to Border Studies. Routledge, 2016. 71-84.

Immigration and Refugee Protection Act (S.C. 2001, c. 27)

section 51, British Nationality Act 1981

"The protected classes covered under the New York City Human Rights Law are:Age Alienage or Citizenship Status"

EUR-Lex Document 32013R0603 https://eur-lex.europa.eu/eli/reg/2013/603/oj/eng

A full list of references for this article are available at the Alien (law) Wikipedia page

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Important Notice

This page was generated by an Artificial Intelligence and is intended for informational and educational purposes only. The content is based on a snapshot of publicly available data from Wikipedia and may not be entirely accurate, complete, or up-to-date.

This is not legal advice. The information provided on this website is not a substitute for professional legal consultation, diagnosis, or treatment. Always seek the advice of a qualified legal professional with any questions you may have regarding your specific situation. Never disregard professional legal advice or delay in seeking it because of something you have read on this website.

The creators of this page are not responsible for any errors or omissions, or for any actions taken based on the information provided herein.

The Global Citizen: Understanding Legal Status and Alienage

💡 Dive in with Flashcard Learning! 💡

Lexicology and Definition 📚

📜 Etymological Roots

⚖️ Core Legal Definition

Classifications of Aliens 🗂️

✅ Legal Aliens

⚔️ Enemy Alien

❓ Undocumented Alien

Common Law Jurisdictions 🇬🇧

🏴󠁧󠁢󠁥󠁮󠁧󠁿 English Law Heritage

🇦🇺 Australia

🇨🇦 Canada

🇬🇧 United Kingdom

United States Legal Framework 🇺🇸

📜 Immigration and Nationality Act (INA)

🏢 Corporations as Persons

💼 Tax and Residency

🗣️ Terminology Evolution

International Perspectives 🌐

🕌 Arab States (GCC)

🇪🇺 Europe

Related Legal Concepts 🔗

⚖️ Key Areas of Law

👥 Social Stratification

Teacher's Corner 🧑‍🏫

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📜 References

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📜 Important Notice

Dive in with Flashcard Learning!

Lexicology and Definition

Etymological Roots

Core Legal Definition

Classifications of Aliens

Legal Aliens

Enemy Alien

Undocumented Alien

Common Law Jurisdictions

English Law Heritage

Australia

Canada

United Kingdom

United States Legal Framework

Immigration and Nationality Act (INA)

Corporations as Persons

Tax and Residency

Terminology Evolution

International Perspectives

Arab States (GCC)

Europe

Related Legal Concepts

Key Areas of Law

Social Stratification

Teacher's Corner

True or False?

Test Your Knowledge!

Gamer's Corner

Discover other topics to study!

References

Feedback & Support

Disclaimer

Important Notice