Citizenship and Equal Justice
A Nation of Immigrants
The Basis of Citizenship
Equal Protection of the Law
Civil Liberties Challenges
A Nation of Immigrants
 The Statue of Liberty welcomes all to the United States
“huddles masses yearning to breathe free”
Immigration Policy (we are a nation of immigrants)
* at different times in our history, Americans have opposed mew waves of
immigrants and how they/their culture would affect this country
1800’s – European, Asian
1900’s – Asian, Central/South America
* today, immigration is a HUGE political issue
2000’s – Central/South America, Middle East
Early Restrictions
The Constitution gives Congress the power to make immigration policy
 1882- Chinese Exclusionary Act: No Chinese workers could enter the
United States for 10 years
 1924 – The Immigration Act set up a quota system by country. This
system favored countries that had been coming to America for a long time (Northern
Europe) and was against newer regions (Southern Europe and Asia)
 1965 – Immigration Reform Act abolished the quota system and
replaced it with a system that tried to reunite families and bring in people with priority
skills
 1986 – Immigration Reform and Control Act worked to slow
immigration by punishing the employers but also tried to establish a way for long-time
illegal immigrants could apply for amnesty and begin the process of naturalization
 1990 – The Immigration Act said no country could make up more than
7% of incoming immigrants. It also set aside a special category of “refugee
 1996 – Increased border patrols along the Mexican border and stiffened penalties for
those who create false documents or smuggle illegal immigrants in
Current Political Debate
 Struggle between those who believe immigration needs to be
limited and those who believe we should welcome in those
who just want a better life for themselves and their families
 Politics in the last 3-4 Presidential and Congressional
elections have seen this issue play center stage
Aliens: A term used for someone who lives in a country where
he/she is not a citizen
 The Immigration and Customs Enforcement
(ICE) enforces
the laws and policies that deal with immigration and naturalization
 IMMIGRATION: Moving from one country to another
 NATURALIZATION: Becoming a citizen of that new country
 Immigrants are categorized into different groups
 Resident Alien: a foreigner who established permanent residency in the US
 Nonresident Alien: a foreigner who plans to stay a short/specified time
 Enemy Aliens: citizens of a nation in the US who the US is at war with
 Refugees: people who are fleeing persecution or danger from their home country
 Undocumented Aliens (AKA Illegal Aliens): people in the country illegally
 The US Constitution protects the rights of all people, citizens or
not. Aliens are expected to fulfill the same responsibilities as
citizens. They cannot vote and are exempt from a military draft
The Basis of Citizenship
Naturalization is the legal process by which someone who was not born a citizen in
the United States
 Who Determines CITIZENSHIP? – The federal government is given the
responsibility for enforcing laws dealing with immigration and naturalization
 Dred Scott v. Sandford (1857) – The Supreme Court ruled that African
Americans could not sue in US courts because freed or not, they were not citizens
 The 14th Amendment (1868) – overruled the Scott decision and clearly
established what constitutes citizenship at both the state and federal levels
“All persons born or naturalized in the US, and subject to the jurisdiction thereof, are
citizens of the US and of the state wherein they reside. No state shall make or enforce
any law which shall abridge (deprive) the privileges or immunities of citizens of the
US”
!!! The 14th Amendment established that people of all races,
excluding Native Americans, were citizens and that state
citizenship was an AUTOMATIC result of national
citizenship!!!
Gaining Citizenship
14th Amendment set up the basis for citizenship
 1) Citizenship by Birth:
(jus soli) Anyone born in the US or on US
territory is a citizen. (jus sanguinis) Also, anyone born of a parent who is a US citizen is
a citizen
 2) Citizenship by Naturalization:
the process of becoming a citizen
of another nation. At the end of this process, the new citizen will have all the rights of
being a natural citizen except becoming President of the US
Winning and Losing Citizenship
 To Apply for Citizenship:
 18 years of age
 Lived in the US as a legal resident for 5 years
 Lived in the state you are petitioning for 3 months
 Be able to read, write, and speak English and have knowledge and an understanding of
U.S. history and government (civics).
 Be a person of good moral character, attached to the principles of the Constitution of the
United States, and well disposed to the good order and happiness of the United States
during all relevant periods under the law
 Collective Naturalization: When big groups of people are granted citizenship at one
time. Example: People in the lands we acquired from the Spanish-American War
Winning and Losing Citizenship
 Losing Citizenship is a BIG DEAL.
 1) Expatriation: Giving up your citizenship by choice
 2) Being convicted of certain serious federal crimes such as treason or
participating in a rebellion
 3) Denaturalization: If they can prove the person used fraud, deception
or error during the nationalization process
Citizen Responsibilities
 Being knowledgeable about the laws that govern them
 Citizen Participation: Being involved in political life
 VOTING:
o Casting Ballots
o Affirming basic democratic principles
o Sharing in the responsibility of governing themselves
 CAMPAIGNING FOR CANDIDATES/ISSUES
 SHARING YOUR OPINIONS
 Why people DO NOT vote
o Not interested in politics
o Don’t believe a single vote makes a difference
Equal Protection Under the Law
 14th Amendment says that no state can “deny to any person within its
jurisdiction the equal protection of the laws”
 Governments CANNOT draw ‘unreasonable distinctions’
 1) Rational Basis Test (is the classification reasonably related to an acceptable government goal)
 2) Suspect Classification (made on the basis of race or national origin – strict judicial scrutiny)
 3) Fundamental Rights (states cannot make laws that interfere with fundamental rights)
 Proving Intent to Discriminate
 Institutional Discrimination: Using the
power of the government to make laws that
deny rights to a citizen
 Discrimination exists individuals are treated
unfairly solely because of their race, gender,
ethnic groups, age, physical disability, or
religion
 Washington v. Davis: The Court ruled “intent” to
discriminate must be proven for a law to be ruled as
unconstitutional due to discrimination
The Equal Rights Struggle
 Jim Crow laws: State and local laws that required racial segregation in places like
schools, public transportation and hotels
 Plessey v. Ferguson (1896): The Supreme Court upheld the
constitutionality of segregation. They said “separate but equal” was OK
 Brown v. Board of Education (1954): The Supreme Court overturned
Plessey v. Ferguson ruling that “separate is inherently unequal” and ordered the end of
segregated schools
The Equal Rights Struggle
 The Civil Rights Movement
 The “Brown” Decision led the way to the Civil Rights Movement
 Dr. Martin Luther King Jr. will lead an organized nonviolent protest
movement that pushed for changes in the laws of the United States
 New Civil Rights Laws