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Basic Questions on U.S. Citizenship and Naturalization

Description: U.S. citizenship is conferred at birth under the principle of jus soli (nationality of place of birth) and the principle of jus sanguinis (nationality of parents). The U.S. Constitution states as a fundamental rule of jus soli citizenship that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." The exceptions to universal citizenship comprehended by the requirement that a person be born "subject to the jurisdiction thereof" include: (1) children born to a foreign sovereign or accredited diplomatic official; (2) children born on a foreign public vessel, such as a warship; (3) children born to an alien enemy in hostile occupation; and (4) native Indians.
Date: March 3, 1992
Creator: Eig, Larry M.
Partner: UNT Libraries Government Documents Department

Alien Eligibility for Public Assistance

Description: This report discusses the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which affected alien eligibility for federal, state, and local government assistance programs, both imposing and broadening restrictions on a number of immigration benefits and programs.
Date: July 22, 1998
Creator: Vialet, Joyce & Eig, Larry M.
Partner: UNT Libraries Government Documents Department

Alien Eligibility for Public Assistance

Description: This report discusses the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which affected alien eligibility for federal, state, and local government assistance programs, both imposing and broadening restrictions on a number of immigration benefits and programs.
Date: December 18, 1997
Creator: Vialet, Joyce & Eig, Larry M.
Partner: UNT Libraries Government Documents Department

Immigration Consequences of Criminal Activity

Description: This report discusses the potential immigration consequences of criminal activity. “Criminal activity” generally refers to conduct for which an alien has been found or plead guilty before a court of law, though in limited circumstances consequences may attach to the commission of a crime or admission of acts constituting the essential elements of a crime. Consequences may flow from violations of either federal, state or, in many circumstances, foreign criminal law. Some federal crimes are set out in the INA itself — alien smuggling, for example. However, not all violations of immigration law are crimes. Notably, being in the U.S. without legal permission — i.e., being an “illegal alien” — is not a crime in and of itself. Thus, for example, an alien who overstays a student visa may be an “illegal alien,” in that the alien may be subject to removal from the U.S., but such an alien is not a “criminal alien.”
Date: October 23, 2006
Creator: Garcia, Michael John & Eig, Larry M
Partner: UNT Libraries Government Documents Department

Immigration Consequences of Criminal Activity

Description: Congress has the authority to determine classes of aliens who may be admitted into the United States and the grounds for which they may be removed. Pursuant to the Immigration and Nationality Act (INA), as amended, certain conduct may either disqualify an alien from entering the United States ("inadmissibility") or provide grounds for his or her removal/deportation. Prominently included among this conduct is criminal activity. This report explores this issue in-depth, especially the difference between the terms "illegal alien" and "criminal alien" and relevant legislation.
Date: October 23, 2006
Creator: Garcia, Michael John & Eig, Larry M.
Partner: UNT Libraries Government Documents Department

State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070

Description: This report discusses the major provisions of S.B.1070, as modified by H.B. 2162, and the legal and constitutional considerations possibly implicated by their implementation. The report focuses primarily on those provisions that require state enforcement of federal immigration law and impose criminal penalties for immigration-related conduct, and discusses preemption issues that might be raised by these measures.
Date: May 3, 2010
Creator: Garcia, Michael J.; Eig, Larry M. & Kim, Yule
Partner: UNT Libraries Government Documents Department

State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070

Description: On April 23, 2010, Arizona enacted S.B. 1070, which is designed to discourage and deter the entry or presence of aliens who lack lawful status under federal immigration law. This report discusses this piece of legislation and some of the notable preemption issues raised by its provisions. Where relevant, it examines the district court's ruling that the federal government is likely to succeed on the merits of its arguments that certain sections of S.B. 1070 are preempted by federal law. It also discusses other preemption issues potentially raised by S.B. 1070 or similar legislation, including some issues that were not expressly addressed by the district court in its preliminary ruling.
Date: September 14, 2010
Creator: Manuel, Kate M.; Garcia, Michael John & Eig, Larry M.
Partner: UNT Libraries Government Documents Department

State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070

Description: This report discusses S.B. 1070 and some of the notable preemption issues raised by some of its provisions. Where relevant, it examines the district court's ruling that the federal government is likely to succeed on the merits of its arguments that certain sections of S.B. 1070 are preempted by federal law. It also discusses other preemption issues potentially raised by S.B. 1070 or similar legislation, including some issues that were not expressly addressed by the district court in its preliminary ruling.
Date: September 14, 2010
Creator: Manuel, Kate M.; Garcia, Michael John & Eig, Larry M.
Partner: UNT Libraries Government Documents Department

Immigration: Analysis of the Major Provisions of H.R. 418, the REAL ID Act of 2005

Description: The 109th Congress is considering several issues carried over from the 108th Congress related to immigration enforcement and identification-document security. This report analyzes the major provisions of House-passed H.R. 418, the REAL ID Act of 2005. It describes relevant current law relating to immigration and document-security matters, how House-passed H.R. 418 would alter current law if enacted, and the degree to which the bill duplicates existing law.
Date: February 16, 2005
Creator: Garcia, Michael J.; Lee, Margaret M. & Tatelman, Todd
Partner: UNT Libraries Government Documents Department