Citizenship and Equal Justice

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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.
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Immigrants and Aliens

• Throughout American History immigrants have often
  been referred to as aliens. An Alien is a person
  from a foreign nation who has established
  permanent residence in the U.S.
• A resident alien is a person from a foreign
  nation who has established permanent residence in
  the U.S.
• A non-resident is a person from a foreign country
  who expects to stay in the U.S. for a short,
  specified period of time.
• An enemy alien is a citizen of a nation with
  which the U.S. is at war.
• Refugees are people fleeing to escape persecution
  or danger.
• Amnesty is a general pardon the government
  offers.
• An illegal alien is a person who comes to the
  United States without legal permit, such as a
  passport, visa, or entry permit.

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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.

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• 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.

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1924-1965 National Origins Quotas

• 1924 Congress took a more drastic step toward
  restricting immigration. The Immigration Act of
  1924, also known as the Johnson Act, lowered the
  number of immigrants allowed into the country to
  less than 165,000 per year.(An 80
  decrease).Certain countries had higher quotas
  than others.
• 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-This
  allowed for illegal to become permanent residents
  and citizens, as well as punishment for employers
  who hire illegal immigrants.
• The Immigration Act of 1990-The new law was
  designed to once again take the countries of
  origin into account and to admit more highly
  skilled and educated immigrants

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The Basis of CitizenshipWhy become a
citizen?

• Peoples lives are more secure here if they are
  citizens.
• You cant be deported.
• You can vote.
• Its 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.

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Citizenship

• There are three ways a person can be a
• United States citizen.
• Born on American soil (14th Amendment)
• Naturalization (14th 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 (yoos
  sahn gwuh nuhs)

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• National Citizenship-
• The 14th 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.

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• 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.

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• 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.

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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

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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.

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Red flags
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 its retroactive!
• Go to an immigration lawyer to clarify problems.

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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

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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

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

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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.
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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

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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. 

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What Happens in the Interview?Current test

• The USCIS officer
• asks applicant about information on the
  application form (N-400)
• 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
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New Test

• The USCIS officer
• asks applicant about information on the
  application form (N-400) NO CHANGE
• asks 10 questions about US history and government
  from the new set of 100 Qs 6 must be correct
• New topic geography
• Questions with
• multiple answers

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When do you become a Citizen?
At the Swearing-in Ceremony Usually 2-3 months
after the citizenship interview
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Early History
Why did the Pilgrims come to America? For religious freedom.
What was the name of the Pilgrims ship? The Mayflower.
Who helped the Pilgrims in America? Native Americans.
What holiday was celebrated for the first time by the American Colonists? Thanksgiving Day.
Name the first 13 colonies. 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
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• The Rights of the Accused-Section III
• SEARCH AND SEIZURE4th Amendment
• "the right of the people to be secure in their
  persons, houses, papers, and effects from
  unreasonable search and seizure shall not be
  violated....."
• 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.

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• 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)

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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)
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Equal Protection of the Law-Section 4

• 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.

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• 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
  Amendments Equal Protection Clause declares that
  citizens are protected equally under the law.

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• 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.

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• 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.
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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.

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• 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 Courts 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.

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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.
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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.