The Immigration and Nationality Act defines aliens as non-citizens residing in the US. Federal immigration laws determine the rights and obligations of aliens, including naturalization. Visas are granted based on the purpose and length of stay. The power to regulate immigration is reserved for Congress, and constitutional rights apply to all aliens, including undocumented ones. However, discussions on terrorism have led to distinctions between criminal and law-abiding aliens, and suspected alien terrorists may be denied constitutional rights.
In constitutional law, or more specifically immigration law, an alien is anyone who is not a citizen or citizen of the United States. Any number of individuals who live or reside within the borders of the United States can be considered aliens. All foreigners are non-citizens, but a citizen is neither a citizen nor a foreigner.
The basis for classifying individuals as aliens is set out in the Immigration and Nationality Act, 1952 (INA). The INA defines the different categories to which an individual alien is assigned as follows; resident and non-resident foreigners, immigrant and non-immigrant foreigners and documented or irregular/illegal foreigners.
In more general terms, US federal immigration laws define whether or not an individual is a foreigner. Federal immigration law also elaborates on the rights, duties, and legal obligations of an alien living in the United States, as well as how and if an alien can pursue naturalization. Naturalization refers to obtaining naturalized citizenship, which grants full citizenship rights to any individual who was not born in the United States.
In one sense, the currency for foreigners within the US immigration system is the visa. Different types of visas are granted to foreigners based on the purpose and expected length of their time within the United States. For example, a nonimmigrant visa is granted to a foreigner who intends to stay temporarily in the country for business or tourism purposes. Some nonimmigrant visas allow the holder to work, some do not.
An immigrant visa, on the other hand, is granted with the idea that the foreigner will stay in the country permanently, and will eventually apply for US citizenship or nationalized citizenship. Immigrant visa holders can work within the country.
Under US constitutional law, the power to regulate immigration is reserved to the US Congress. In other words, immigration must be a matter of administrative law, not criminal law. Constitutional law includes all aliens, even undocumented aliens, in the Bill of Rights. In fact, the rights reserved for true citizens of the United States are limited to such activities as voting, holding public office, and holding federal office.
This power has been complicated since the 21st century, in the context of terrorism. In the 21st century, the rights afforded to foreigners have come under particular scrutiny. Discussions have distinguished criminal aliens from law-abiding aliens, often through the use of terms such as “alien terrorist.” In 1996, the United States Congress extended its constitutionally delegated regulatory power to the judicial system by establishing the Court for the Removal of Alien Terrorists. Although, under constitutional law, constitutional rights are extended to all foreigners through the Bill of Rights, a foreigner who suspects acts of terrorism may be denied these rights.
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