Skip to main content icon/video/no-internet

In recent years, because of the growing importance of migration movements and rights, the original and contemporary meanings of the term alien have attracted extraordinary attention in the jurisprudence, academic, and human rights fields. According to Public Law 112–238, an alien is “any person not a citizen or national of the United States.” It is important to distinguish between aliens and immigrants, as the law clearly defines the term immigrants as a subcategory of aliens. Aliens are all people who are not U.S. nationals, and immigrants are people who move into a region or country with the intent to settle and remain. Immigrants who have settled in the United States and complied with all legal mandates for naturalization—becoming a citizen or national of a country—may become U.S. citizens. Immigration law does not utilize the term illegal aliens to refer to immigrants residing illegally in the country, yet the term is used in many legal files and cases in the judicial system at large; it is also recognized in common usage. U.S. law commonly uses the term unauthorized alien, while the term undocumented immigrant is becoming more ubiquitous in common usage. Because of the laws granting personhood to corporations, the term alien may also be applied to corporations headquartered abroad with branches in the United States, which are known in common parlance as alien corporations. The 2010 U.S. Census states that 80 percent of U.S. residents born abroad who arrived prior to 1980 were naturalized U.S. citizens by 2010.

Antecedents

The legal use of the term alien was formally established in 1798 by the U.S. government when it was utilized in the Alien and Sedition Acts while the nation was engaged in hostilities with France. The four acts, signed into law during the administration of President John Adams, were created to offer protection from potentially seditious and hostile actions by French immigrants, French-sympathizing citizens, and Irish settlers. The Alien and Sedition Acts, considered by many to be oppressive and unjust, were controversial as a political point of contention in their day. They were abolished in 1802.

Thus, modern government policy considerations on the legal status of immigrant residents in the United States continued during the 19th century. Late-1700s immigration laws provided naturalization as citizens only to immigrants who were “free white persons” who had lived in the country for five years, but the Naturalization Act of 1870 was expanded to include African natives and people of African descent. As the Alien and Sedition Act of 1789 demonstrated, immigration laws have been used to bar people from entering the country, as was the case of the Chinese Exclusion Act of 1882.

In 1907, the U.S. government created the Dillingham Commission, with the purpose of conducting a study on the state of immigration. The commission published its extensive report on immigration in 1911, establishing that recent immigrants from southern and eastern Europe— as opposed to older immigrants from northern and western Europe—were considered undesirable. The commission's report served as the basis for the establishment of national quotas as well as the immigration reduction acts of the 1920s, which restricted the annual number of immigrants to 150,000. These acts sought to proscribe immigration from Asian countries and restrict the number of immigrant Jews.

...

  • Loading...
locked icon

Sign in to access this content

Get a 30 day FREE TRIAL

  • Watch videos from a variety of sources bringing classroom topics to life
  • Read modern, diverse business cases
  • Explore hundreds of books and reference titles

Sage Recommends

We found other relevant content for you on other Sage platforms.

Loading