Academic literature on the topic 'Noncitizens – Civil rights'
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Journal articles on the topic "Noncitizens – Civil rights"
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Peled, Yoav. "Ethnic Democracy and the Legal Construction of Citizenship: Arab Citizens of the Jewish State." American Political Science Review 86, no. 2 (June 1992): 432–43. http://dx.doi.org/10.2307/1964231.
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The citizenship status of its Arab citizens is the key to Israel's ability to function as anethnic democracy, that is, a political system combining democratic institutions with the dominance of one ethnic group. The confluence of republicanism and ethnonationalism with liberalism, as principles of legitimation, has resulted in two types of citizenship: republican for Jews and liberal for Arabs. Thus, Arab citizens enjoy civil and political rights but are barred from attending to the common good.The Arab citizenship status, while much more restricted than the Jewish, has both induced and enabled Arabs to conduct their political struggles within the framework of the law, in sharp contrast to the noncitizen Arabs of the occupied territories. It may thus serve as a model for other dominant ethnic groups seeking to maintain both their dominance and a democratic system of government.
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Covarrubias, Alejandro, and Daniel D. Liou. "Asian American Education and Income Attainment in the Era of Post-Racial America." Teachers College Record: The Voice of Scholarship in Education 116, no. 6 (June 2014): 1–38. http://dx.doi.org/10.1177/016146811411600602.
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Background Prevailing perceptions of Asian Americans as model minorities have long situated this population within postracial discourse, an assumption that highlights their educational success as evidence of the declining significance of race and racism, placing them as models of success for other people of color. Despite evidence to repudiate the model minority thesis, the visibility of Asian Americans in higher education continues to reinforce essentialist paradigms about their presumed success while rendering invisible the educational experiences and diminished educational earning power of low-income, women, and noncitizen Asian populations. Purpose The purpose of this article is to situate the most recent data on the mobility of Asian American students within the K–Ph.D. educational system in the new so-called colorblind postracial America. This article presents the most recent national educational outcomes for Asian Americans by looking at differences in attainment across race, class, gender, citizenship, and educational earning power. Research Design Drawing from the March Supplement of the Census’ 2010 Current Population Survey (CPS), we carried out multiple cross-tabulations that allowed us to disaggregate the educational attainment and earning power for Asian Americans across various social categories. The March Supplement of the CPS, referred to as the Annual Social and Economic Supplement (ASEC), is given once a year over 3 months—the 2010 ASEC was given to 77,000 households, with a response rate of over 91.5%. This quantitative analysis of the intersectional effect of race, class, gender, and citizenship provides a more nuanced examination of their interactional impact on educational attainment. Findings/Results Our intersectional analysis of educational attainment and earning power reveals the multiplicity of experiences and heterogeneity among Asian Americans. There is a clear positive relationship between class and educational attainment, but the intersectional impact of gender with class, and gender with citizenship points to a nonlinear relationship between these constructs and educational attainment when they are examined together. The data also make evident important gaps in earning power for Asian Americans compared with White Americans, and an especially disproportionate burden of diminished earnings for Asian American women. Conclusions/Recommendations This study sounds the alarm as postracial discourse has created several new challenges on issues related to Asian Americans, affirmative action policies, and the vitality of ethnic studies in the K–Ph.D. system. As a result of this study, the authors warn that the model minority thesis inaccurately depicts Asian Americans in policy discussions on education, race relations, poverty, and civil rights. This article makes important recommendations for coalition building, research approaches, and a new educational policy framework that can mediate current policy failures to include Asian Americans in discussions of equity.
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Vos, Taryn Lee. "ACCESS TO SOCIAL SECURITY FOR NON-CITIZENS: AN INTERNATIONAL, SOUTH AFRICAN AND EUROPEAN VIEW." Pretoria Student Law Review, no. 5 (2011). http://dx.doi.org/10.29053/pslr.v5i.2144.
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South Africa has become a magnet to a larger group of foreign migrants than the global average. This is due to the fact that it is a front-runner, economically speaking, in Sub-Sahara Africa with a reputation of political stability. The South African Constitution is the supreme law of the Republic, to which all other law is subject. South Africa’s constitutional framework, coupled with immigration legislation and policies, aim to promote the rights enshrined in the Bill of Rights for all individuals living within the borders of the Republic. While certain rights are expressly reserved for citizens only and are largely of a civil or political nature, the remaining rights are those that ‘everyone’, including foreign nationals, may enjoy. Non-citizens within the borders of the Republic receive, inter alia, the protection of South Africa’s basic constitutional values; in particular the right to equality, human dignity and freedom. Socio-economic rights, subject to the limitations clause in section 36 of the Constitution, are also made available to everyone. This includes both citizens and foreign nationals. These rights can be found in section 25, 26, 27, 28 and 29 of the Constitution and relate to issues of access to land, housing, health care, food, social security and education. The focus of this paper will be the right of access to social security for non-citizens, particularly migrants, in South Africa. Who falls within the scope of the term ‘everyone’ as found in section 27 of the Constitution? The international perspective on the issue of social exclusion of non-citizens from accessing social security benefits is briefly dealt with, followed by a discussion of the South African perspective on the matter. The approach of the South African Constitutional Court in respect of the protection of the rights of noncitizens will then be discussed. The European approach to the matter, including the approach of European courts, will then be examined. The concluding paragraphs entail an evaluation of the improvements that can be made to the South African social security system as inspired by the European approach.
Dissertations / Theses on the topic "Noncitizens – Civil rights"
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AYNÈS, Camille. "La privation des droits civiques et politiques : l'apport du droit pénal à une théorie de la citoyenneté." Doctoral thesis, European University Institute, 2020. https://hdl.handle.net/1814/68319.
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Defence date: 21 September 2020 (Online)Examining Board: Pr. Loïc Azoulai (Sciences-Po Paris, Directeur de thèse); Pr. Olivier Beaud (Université Paris II Panthéon-Assas, Co-directeur de thèse); Pr. Xavier Pin (Université Jean Moulin, Lyon 3); Pr. Christoph Schönberger (Université de Constance)
Awarded the 2021 Prix Dalloz
Awarded the 2021 Best Thesis Prize in the category "Concepts fondamentaux du droit constitutionnel" from the “Institut francophone pour la Justice et la Démocratie” Louis Joinet (previously the 'Fondation Varenne')
Received a special mention of the Vendôme Prize 2021 for the best doctoral thesis in Criminal Law.
Il est d’usage de considérer que la citoyenneté étatique, en tant qu’elle désigne une appartenance statutaire, est un concept de clôture qui implique l’inclusion aussi bien que l’exclusion. À rebours de la littérature dominante sur la citoyenneté en droit qui privilégie généralement sa dimension inclusive, cette thèse entreprend un renversement de perspective : elle se propose de théoriser la citoyenneté en creux, à partir de ses exclus, de définir autrement dit le citoyen par le non-citoyen. L’exclu étudié en droit français n’est pas la figure paradigmatique de l’étranger, mais celle du criminel déchu de ses droits politiques à la suite d’une condamnation pénale. Nous faisons l’hypothèse de la valeur heuristique d’une étude proprement juridique et non normative de la notion constitutionnelle de citoyenneté à partir du droit pénal en général, et des sanctions privant le condamné de ses droits de citoyen en particulier. L’apport de cette recherche est double : il concerne à titre premier la citoyenneté dont on entend examiner les bénéficiaires, la nature (les valeurs) et le contenu matériel (les droits et les devoirs). Nous démontrons (1) que par différence avec la nationalité, la citoyenneté a historiquement une dimension axiologique et qu’elle protège la moralité publique. Cette affirmation semble de prime abord remise en cause aujourd’hui en raison de l’influence du droit des droits de l’homme sur la matière. Plus qu’à la substitution d’un modèle de citoyenneté à un autre, nous établissons (2) que l’on a affaire à une tension au cœur du régime actuel de la citoyenneté. À titre second, nous contribuons en filigrane à une lecture de la démocratie en soutenant (1) que la lutte pour les droits politiques des derniers exclus de la nation (les condamnés et les « aliénés ») correspond moins à une revendication de participation politique qu’à une demande d’inclusion sociale ; (2) que le citoyen, dans cette lutte, tend à disparaître derrière le sujet de droit doté de droits opposables.
Books on the topic "Noncitizens – Civil rights"
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Imin no jinken: Gaikokujin kara shimin e. Tōkyō: Akashi Shoten, 2021.
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United Nations. Office of the High Commissioner for Human Rights, ed. The rights of non-citizens. New York: United Nations, 2006.
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Secretariat, Council of Europe, and Council of Europe. Directorate of Human Rights., eds. Human rights of aliens in Europe: Proceedings of the Colloquy on "Human Rights of Aliens in Europe". Dordrecht: Martinus Nijhoff Publishers, 1985.
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Fernández, Carlos Castresana. El muro. México: Fineo, 2007.
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Olivier, Le Cour Grandmaison, ed. Douce France: Rafles, rétentions, expulsions. Paris: Editions du Seuil, 2009.
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David, Carliner, Carliner David, and American Civil Liberties Union, eds. The Rights of aliens and refugees: The basic ACLU guide to alien and refugee rights. 2nd ed. Carbondale: Southern Illinois University Press, 1990.
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Políticas migratorias y derechos humanos. Remedios de Escalada, Partido de Lanús, Pcia. de Buenos Aires, Argentina: Ediciones de la UNLa, 2009.
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United States. Department of Justice. Office of the Inspector General. Supplemental report on September 11 detainees' allegations of abuse at the Metropolitan Detention Center in Brooklyn, New York. Washington, D.C.]: U.S. Department of Justice, Office of the Inspector General, 2003.
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Democracy and the nation state: Aliens, denizens, and citizens in a world of international migration. Aldershot, Hants, England: Avebury, 1990.
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Fattal, Antoine. Le statut légal des non-musulmans en pays d'Islam. 2nd ed. Beyrouth: Dar El-Machreq Sarl, 1995.
Find full textBook chapters on the topic "Noncitizens – Civil rights"
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Goodman, Adam. "Fighting the Machine in the Streets and in the Courts." In The Deportation Machine, 134–63. Princeton University Press, 2020. http://dx.doi.org/10.23943/princeton/9780691182155.003.0006.
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This chapter documents the growing resistance to deportation at the dawn of the age of mass expulsion. It focuses on metropolitan Los Angeles as the ground zero of the Immigration and Naturalization Service's (INS) interior enforcement efforts in the 1970s. It describes the tireless efforts of immigrants and activists that helped build solidarity and empower the “undocumented” community. The chapter also discusses the effectiveness of voluntary departures, INS raids, and fear campaigns that are meant to scare people into the shadows or out of the country. It analyzes the basic idea of being undocumented that automatically implied deportability. It also talks about the resistance of the undocumented community's resistance that helped determine the civil rights of noncitizens and defend the immigrants' dignity that transcended legal status and citizenship.
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Macías-Rojas, Patrisia. "Beds and Biometrics." In From Deportation to Prison. NYU Press, 2016. http://dx.doi.org/10.18574/nyu/9781479804665.003.0003.
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Prominent Arizona conservatives and, some would argue, liberal reformers helped spearhead law and order policies that exploded the U.S. prison population and created a crisis of prison overcrowding. This chapter argues that the scramble for prison beds was a major force behind the Criminal Alien Program (CAP), which Congress pushed as a way to purge noncitizens from jails and prisons in order to free up prison beds. CAP gave primacy to criminal enforcement targets and unleashed an onslaught of measures that restructured immigrant detention and deportation, spawned similar programs like “absconder” initiatives, “fugitive” operations, Security Communities, and immigrant prosecution programs like Operation Streamline—in other words, many of the punitive policies we associate with the criminalization of migration in the United States today. However, punitive policies are not necessarily a “backlash” against rights and protections that reformers fought for for over a century. Rather, they operate within post–civil rights “antidiscrimination” constitutional frameworks in ways that recognize rights for certain “victims,” while aggressively punishing and banishing those branded as criminal.
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Kamen, Deborah. "Conclusion." In Status in Classical Athens. Princeton University Press, 2013. http://dx.doi.org/10.23943/princeton/9780691138138.003.0012.
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This chapter summarizes key themes and presents some final thoughts. Through close analysis of various forms of evidence—literary, epigraphic, and legal—this book demonstrated that classical Athens had a spectrum of statuses, ranging from the base chattel slave to the male citizen with full civic rights. It showed that Athenian democracy was in practice both more inclusive and more exclusive than one might expect based on its civic ideology: more inclusive in that even slaves and noncitizens “shared in” the democratic polis, more exclusive in that not all citizens were equal participants in the social, economic, and political life of the city. The book also showed the flexibility of status boundaries, seemingly in opposition to the dominant ideology of two or three status groups divided neatly from one another: slave versus free, citizen versus noncitizen, or slave versus metic versus citizen.
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Coutin, Susan. "Borders and Crossings." In Critical Dialogues in Latinx Studies, 27–38. NYU Press, 2021. http://dx.doi.org/10.18574/nyu/9781479805198.003.0003.
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In the 2010s, “sanctuary” has become a key term for immigrant rights advocates who seek to protect and empower immigrants regardless of their legal status and for restrictionists who condemn policies that treat the undocumented as members of US communities. Yet sanctuary has an earlier history, dating back to the medieval custom of granting church refuge to fugitives. During the 1980s, US congregations declared themselves sanctuaries for Salvadorans and Guatemalans fleeing political violence, death squads and civil war in Central America. Drawing on ethnographic engagement with the 1980s movement and over three decades of engaged research within Central American immigrant communities in the United States, this contribution describes the conditions that led Central Americans to seek asylum in the United States, sanctuary practices developed during the 1980s, and the connections between those events and current Central American migration and advocacy. The 1980s movement laid the groundwork for today’s struggles, yet fueled hierarchies of deservingness by distinguishing political refugees from economic immigrants. Current solidarity work can avoid such divisions by transcending borders, creating alternatives to state-based categories of membership, and building communities of practice. Through transnational work, sanctuary activism can counter the histories of exclusion that underlie racialized divisions between citizens and noncitizens.
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Hernández, Kelly Lytle. "Not Imprisonment in a Legal Sense." In City of Inmates. University of North Carolina Press, 2017. http://dx.doi.org/10.5149/northcarolina/9781469631189.003.0004.
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The third chapter is a western tale of national and global import. That tale, which sutures the split between the history of incarceration within the United States and the history of deportation from the United States, swirls around the passage of the 1892 Geary Act, a federal law that required all Chinese laborers in the United States to prove their legal residence and register with the federal government or be subject to up to one year of imprisonment at hard labor and, then, deportation. Chinese immigrants rebelled against the new law, refusing to be locked out, kicked out, or singled out for imprisonment. Launching the first mass civil disobedience campaign for immigrant rights in the history of the United States, Chinese immigrants forced the U.S. Supreme Court to issue a set of sweeping and enduring decisions regarding the future of U.S. immigration control. Buried in those decisions, which cut through Los Angeles during the summer of 1893, lay the invention of immigrant detention as a nonpunitive form of caging noncitizens within the United States. It was then an obscure and contested practice of indisputably racist origins. It is now one of the most dynamic sectors of the U.S. carceral landscape.
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Banks, James A. "Civic Education for Noncitizen and Citizen Students." In Humanitarianism and Mass Migration, 232–51. University of California Press, 2018. http://dx.doi.org/10.1525/california/9780520297128.003.0012.
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This chapter describes a conceptual framework for developing civic education for citizen and non-citizen students. Human rights cosmopolitan education is conceptualized as the focus of civic education for non-citizen students. Multicultural citizenship education is conceptualized as the focus of civic education for citizen students from diverse groups who are marginalized because of their racial, ethnic, cultural, linguistic, and religious characteristics. Multicultural citizenship education helps students from diverse groups become full participants in the nation-state while maintaining important aspects of their home and community cultures. The author maintains that transformative civic education should be implemented in schools because it incorporates elements of both human rights cosmopolitan education and multicultural citizenship education. It also helps both non-citizen and citizen students to acquire the knowledge, skills, and values needed to make reflective decisions, internalize human rights values, and take personal, social, and civic action.
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Kamen, Deborah. "Introduction." In Status in Classical Athens. Princeton University Press, 2013. http://dx.doi.org/10.23943/princeton/9780691138138.003.0001.
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This introductory chapter sets out the book's purpose, namely to provide a thick description of Athenian status, ultimately broaching larger questions about the relationship between Athenian citizenship and civic ideology. “Civic ideology” here refers to the conception that all Athenian citizens—and only Athenian citizens—were autochthonous (that is, descended from ancestors “born from the earth” of Attica) and engaged in the political and military life of the city. This survey of statuses will demonstrate, among other things, that Athenian democracy was both more closed and more open than civic ideology might lead us to think: on the one hand, only some citizen males exercised full citizen rights; on the other, even noncitizens and naturalized citizens were, to varying degrees, partial shareholders in the Athenian polis.
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Sullivan, Michael J. "Recognizing the Civic Value of Parenting a New Generation." In Earned Citizenship, 118–45. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190918354.003.0005.
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This chapter contends that polities have a long-term public policy interest in applying the same best interests of the child standard that they use for domestic child welfare determinations to immigration cases that involve deportable noncitizen parents, balanced against the interests of citizens in effective immigration regulation and enforcement. The burden lies with parents who have entered and continued to reside without authorization in a country to show that their right to remain is of benefit to existing citizens. This means that unauthorized immigrant parents should initially be given conditional permission to stay in their children’s country of long-term residence to raise them. Deportable parents should be legalized to fulfill a duty of care to their long-term resident or citizen children in the communities where they reside and be offered the opportunity to acquire citizenship based on their service to their broader communities.
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Palmer, James A. "Good Governance and the Economy of Violence." In The Virtues of Economy, 166–95. Cornell University Press, 2019. http://dx.doi.org/10.7591/cornell/9781501742378.003.0007.
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This chapter describes the economy of violence. Through a theatrical form of ritualized peacemaking, Roman elites managed private violence, claimed justice and peace as characteristic of Roman political society, and claimed for themselves a unique capacity to sustain this rightly ordered social world. Such peacemaking was the domain of the political elite but under their guidance was participated in not only by prominent male citizens but by women, noncitizens, and even Jews. Performed on the city's streets, these rituals make clear the importance of the circuit between the Roman political elite and the city's diverse political society. They also reveal the gradual decentering of communal institutions. Nowhere is the legitimization of power in a political society that transcends the civic realm clearer. It is in these rituals that the transformative potential of Rome's new political culture becomes most apparent, as they gradually produced a distinct new Roman elite with a new kind of claim to the virtues of good governance.