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 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.
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,
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
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 (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)
Citizenship




National CitizenshipThe 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.
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 (N400)
2. asks 10 questions
about US history and
government from the
list of 96 questions
3. gives applicant a one
sentence dictation
Interview lasts about 15-20 minutes
New Test
The USCIS officer …
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
1.
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?
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
2. New York
3. New Jersey
4. Maryland
5. Massachusetts
6. North Carolina
7. South Carolina
8. Pennsylvania
9. Virginia
10. Georgia
11. Connecticut
12. Delaware
13. Rhode Island

The Rights of the Accused-Section III


SEARCH AND SEIZURE—4th 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.
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 LawSection 4
The system of government in the United
States seeks equality in the following
areas:
1. Equal justice before the law – The goal
of the American legal system is to treat
all people alike.
2. 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-butequal 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.