Alien in the United States
Alien Definition
A person born in a foreign country; one who is not a citizen of the country in which one resides.
“(Lat. alierms, belonging to another; foreign). A foreigner; one of foreign birth in England. One born out of the allegiance of the king. In the United States, One born out of the jurisdiction -according to the definition of Alien based on The Cyclopedic Law Dictionary– of the United States, and who has not been naturalized under their constitution and laws. The children of ambassadors and ministers at foreign courts, however, are not aliens. And see 10 U.S. St. at Large, 604.”
For other meanings of it, read Alien in the Legal Dictionary here.
Alien in the U.S. Immigration Law
- Alien: A person who is not a citizen or national of the United States.
- Deportable Alien: An alien inspected and admitted into the United States but who is subject to removal under INA § 237(a).
- Inadmissible Alien: An alien who is ineligible to receive a visa and ineligible to be admitted to the United States, according to the provisions of INA § 212(a).
- Removable Alien: An alien who is inadmissible or deportable (INA § 240(e)(2)).
Alien in the United States Constitution
According to the Encyclopedia of the American Constitution, about this, the status of aliens persons who are not citizens of the United States presented perplexing constitutional problems in the United States only after the great waves of immigration began in the nineteenth century. The question seems not to have troubled the Framers of the Constitution. James Madison.
Alien in Immigration Law
In this area of law, Alien means: A person who is not a citizen or national of the United States.
Alien and Refugees
A definition of Alien, in the context of refugee resettlement and non-emergency repatriation, may be provided here: Any person not a citizen or national of the United States.
Concept of Alien
In relation to immigration and citizenship, Alien is defined as: Any person not a citizen or national of the U.S. “Foreign national” is a synonym and used outside of statutes when referring to noncitizens of the U.S.
Resources
See Also
- Refugee Resettlement
- Non-Emergency Repatriation
Concept of Alien
In relation to immigration and citizenship, Alien is defined as: Any person not a citizen or national of the U.S. “Foreign national” is a synonym and used outside of statutes when referring to noncitizens of the U.S.
Resources
See Also
Alien: Open and Free Legal Research of US Law
Federal Primary Materials
The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Alien. This part provides references, in relation to Alien, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).
Federal primary materials about Alien by content types:
Laws and Regulations
US Constitution
Federal Statutory Codes and Legislation
Federal Case Law and Court Materials
U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:
- Case law related to Alien in the U.S. Court of Appeals for the First Circuit (Maine, Massachusetts, New Hampshire, Puerto Rico, Rhode Island)
- Case law related to Alien in the U.S. Court of Appeals for the Second Circuit (Connecticut, New York, Vermont)
- Case law related to Alien in the U.S. Court of Appeals for the Third Circuit (Delaware, New Jersey, Pennsylvania)
- Case law related to Alien in the U.S. Court of Appeals for the Fourth Circuit (Maryland, North Carolina, South Carolina, Virginia, West Virginia)
- Case law related to Alien in the U.S. Court of Appeals for the Fifth Circuit (Louisiana, Mississippi, Texas)
- Case law related to Alien in the U.S. Court of Appeals for the Sixth Circuit (Kentucky, Michigan, Ohio, Tennessee)
- Case law related to Alien in the U.S. Court of Appeals for the Seventh Circuit (Illinois, Illinois, Indiana, Wisconsin)
- Case law related to Alien in the U.S. Court of Appeals for the Eighth Circuit (Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota)
- Case law related to Alien in the U.S. Court of Appeals for the Ninth Circuit (Alaska, Arizona, California, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington)
- Case law related to Alien in the U.S. Court of Appeals for the Tenth Circuit (Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming)
- Case law related to Alien in the U.S. Court of Appeals for the Eleventh Circuit (Alabama, Florida, Georgia)
Federal Administrative Materials and Resources
Presidential Materials
Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:
Executive Materials
Federal Legislative History Materials
Legislative history traces the legislative process of a particular bill (about Alien and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Alien or other topics), or locating the current status of a bill and monitoring its progress.
State Administrative Materials and Resources
State regulations are rules and procedures promulgated by state agencies (which may apply to Alien and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Alien. Finding these decisions can be challenging. In many cases, researchers about Alien should check state agency web sites for their regulations, decisions, forms, and other information of interest.
State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:
- Information related to Alien in the Alabama Administrative Code.
- Information related to Alien in the Alaska Administrative Code
- Information related to Alien in the Arizona Administrative Code, Secretary of State's Office.
- Information related to Alien in Arkansas Administrative Rules, Secretary of State.
- Information related to Alien in the California Code of Regulations
- Information related to Alien in the Colorado Code of Regulations and the Online Register, Secretary of State.
- Information related to Alien in the Connecticut eRegulations System
- Information related to Alien in the Delaware's Administrative Code
- Information related to Alien in the D.C. Municipal Regulations and D.C. Register
- Information related to Alien in the Florida Administrative Code and Administrative Register, Department of State.
- Information related to Alien in the Rules and Regulations of the State of Georgia.
- Information related to Alien in the Administrative Rules, Lt. Governor of the State of Hawaii.
- Information related to Alien in the Idaho Administrative Code, Idaho Office of the Administrative Rules Coordinator.
- Information related to Alien in the Administrative Code, Illinois General Assembly, Joint Committee on Administrative Rules.
- Information related to Alien in the Indiana Administrative Code.
- Information related to Alien in the Iowa Administrative Code (titles) and Alien in the PDF content of rules.
- Information related to Alien in the Kansas Administrative Regulations, Kansas Secretary of State (search also Alien here)
- Information related to Alien in the Kentucky Administrative Regulations
- Information related to Alien in the Louisiana Administrative Code, State of Louisiana, Division of Administration
- Information related to Alien in Maine Rules by Department, the Department of the Secretary of State, Bureau of Corporations, Elections & Commissions
- Information related to Alien in the Code of Maryland Regulations (COMAR), Division of State Documents
- Information related to Alien in Code of Massachusetts Regulations (CMR), the Massachusetts Court System
- Information related to Alien in Michigan Administrative Code, Department of Licensing and Regulatory Affairs (LARA), Office of Regulatory Reinvention
- Information related to Alien in the Minnesota Administrative Code, Office of the Revisor of Statutes
- Information related to Alien in the Mississippi Administrative Code
- Information related to Alien in the Missouri Code of State Regulations, Secretary of State.
- Information related to Alien in the Administrative Rules of Montana, Secretary of State.
- Information related to Alien in the Nebraska Rules and Regulations, Nebraska Secretary of State.
- Information related to Alien in the Nevada Administrative Code, Legislature Law Library
- Information related to Alien in the New Hampshire Administrative Rules, Office of Legislative Services
- Information related to Alien in the New Jersey Administrative Code
- Information related to Alien in the New Mexico Administrative Code, Commission of Public Records, State Records Center and Archives
- Information related to Alien in the New York Codes, Rules and Regulations
- Information related to Alien in the North Carolina Administrative Code (NCAC), Office of Administrative Hearings
- Information related to Alien in the North Dakota Administrative Code
- Information related to Alien in the Ohio Administrative Code, Legislative Services Commission
- Information related to Alien in the Oklahoma Administrative Code, Oklahoma Secretary of State
- Information related to Alien in the Oregon Administrative Rules (OAR), Secretary of State
- Information related to Alien in the Pennsylvania Code Online (official publication rules and regulations), Pennsylvania Reference Bureau
- Information related to Alien in the Rhode Island Final Rules and Regulations Database, State Archives. Four rulemaking agencies are not included
- Information related to Alien in the South Carolina Code of Regulations, South Carolina Legislature.
- Information related to Alien in the South Dakota Administrative Rules, Legislative Research Council
- Information related to Alien in the Effective Rules and Regulations of the State of Tennessee (Official Compilation), Secretary of State.
- Information related to Alien in the Texas Administrative Code, Secretary of State
- Information related to Alien in the Utah Administrative Code, Utah Department of Administrative Services, Division of Administrative Rules
- Information related to Alien in the Vermont Administrative Code
- Information related to Alien in the Virginia Administrative Code, Virginia General Assembly, Legislative Information System (LIS)
- Information related to Alien in the Washington Administrative Code (WAC)
- Information related to Alien in the West Virginia Code of State Rules, Secretary of State.
- Information related to Alien in the Wisconsin Administrative Code
- Information related to Alien in Wyoming administrative rules, Secretary of State
State opinions of the Attorney General (official written advisory opinions on issues of state law related to Alien when formerly requested by a designated government officer):
Tools and Forms
Law in Other Regions
*This resource guide is updated frequently. However, if you notice something is wrong or not working, or any resources that should be added, please notify us in any of the "Leave a Comment" area.