Aliens

Aliens legally in the United States generally have most of the same rights as citizens, with the exception of certain rights that are closely associated with citizenship: the right to vote, to be elected to important public offices, and to be considered for some jobs closely linked with the community, such as police officer or public school teacher. Cases involving aliens that have come before the Supreme Court are often about the extent to which aliens may be discriminated against because they are not citizens. Illegal aliens and enemy aliens tend to have even fewer rights (see next two sections).

The rights of aliens took some time to develop. According to Article I, section 8, Congress has absolute power over the admission of aliens and the conditions by which they live or remain in the United States. In Yick Wo v. Hopkins (1886), the Supreme Court struck down a law that exempted laundries located in brick or stone buildings from needing a permit because it was administered in such a way as to discriminate against Chinese laundries, which for the most part were located in wooden buildings (see Discrimination; Minorities; Racial Discrimination). But in Fong Yue Ting v. United States (1893), the Court upheld a federal statute giving Chinese laborers lawfully in the United States one year in which to obtain certificates of residency or face deportation. The Court said that a nation’s right to expel or deport foreigners who have not been naturalized or taken steps toward becoming citizens is an absolute and unqualified right: “The power to exclude or to expel aliens, being a power affecting international relations, is vested in the political departments of the government, and is to be regulated by treaty or by act of Congress.”

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