law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
citizen
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection".
Each state determines the conditions under which it will recognize persons as its citizens, and ...
or a
national
National may refer to:
Common uses
* Nation or country
** Nationality – a ''national'' is a person who is subject to a nation, regardless of whether the person has full rights as a citizen
Places in the United States
* National, Maryland, ce ...
of a specific country, although definitions and terminology differ to some degree depending upon the continent or region. More generally, however, the term "alien" is perceived as synonymous with foreign national. (explaining that "the term 'foreign national' means.... (2) an individual who is not a citizen of the United States or a national of the United States (as defined in section 1101(a)(22) of title 8) and who is not lawfully admitted for permanent residence, as defined by section 1101(a)(20) of title 8.").
Lexicology
The term "alien" is derived from the Latin ''alienus'', which in turn is derived from the Oscan ''mancupatis'', (a proto-Etruscan tribe), meaning a
slave
Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
. The Latin later came to mean a stranger, a foreigner, or someone not related by blood. Similar terms to "alien" in this context include ''foreigner'' and ''lander''.
Categories
Different countries around the world use varying terms for aliens. The following are several types of aliens:
* legal alien any foreign national who is permitted under the law to be in the host country. This is a very broad category which includes travel visa holders or foreign tourists, registered
refugee
A refugee, conventionally speaking, is a displaced person who has crossed national borders and who cannot or is unwilling to return home due to well-founded fear of persecution.
s, temporary residents, permanent residents, and those who have relinquished their citizenship and/or nationality. Categories of legal alien include
** temporary resident alien any foreign national who has been lawfully granted permission by the government to drive, fly, travel, lodge, reside, study or work for a specific number of years and then apply for an extension or leave the country before such permission expires.
** permanent resident alien any immigrant who has been lawfully admitted into a nation and granted the legal right to remain therein as a permanent resident in accord with the nation's immigration laws.
** nonresident alien any foreign national who is lawfully within a nation but whose legal domicile is in another nation.
* alien enemy (or enemy alien) any foreign national of any country that is at war with the host country.
* undocumented alien (or illegal alien) any person who is liable to deportation because their presence in a nation is in violation of that nation's immigration laws.
Common law jurisdictions
An "alien" in
English law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Principal elements of English law
Although the common law has, historically, be ...
denoted any person born outside of the monarch's dominions and who did not owe allegiance to the monarch. Aliens were not allowed to own land and were subject to different taxes to subjects. This idea was passed on in the
Commonwealth
A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...
to other common law jurisdictions.
Australia
In
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
, citizenship is defined in the Australian nationality law. Non-citizens in Australia are permanent residents, temporary residents, or illegal residents (technically called "unlawful non-citizens"). Most non-citizens (including those who lack citizenship documents) traveling to Australia must obtain a visa prior to travel. The only exceptions to the rule are holders of New Zealand passports and citizenship, who may apply for a visa on arrival according to the Trans-Tasman Travel Arrangement.
In 2020, in '' Love v Commonwealth'', the
High Court of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution.
The High Court was established fol ...
Constitution of Australia
The Constitution of Australia (or Australian Constitution) is a written constitution, constitutional document that is Constitution, supreme law in Australia. It establishes Australia as a Federation of Australia, federation under a constitutio ...
, regardless of whether they were born in Australia or hold Australian citizenship.
Canada
In Canada, the term "alien" is not used in federal statutes. Instead, the term " foreign national" serves as its equivalent and is found in legal documents. The Immigration and Refugee Protection Act defines "foreign national" as "a person who is not a Canadian citizen or a permanent resident, and includes a stateless person."
British protected person
A British protected person (BPP) is a member of a class of British nationality associated with former protectorates, protected states, and territorial mandates and trusts under British control. Individuals with this nationality are British na ...
. The
Aliens Act of 1905
Alien primarily refers to:
* Alien (law), a person in a country who is not a national of that country
** Enemy alien, the above in times of war
* Extraterrestrial life, life which does not originate from Earth
** Specifically, intelligent extrate ...
Immigration and Nationality Act The U.S. Immigration and Nationality Act may refer to one of several acts including:
* Immigration and Nationality Act of 1952
* Immigration and Nationality Act of 1965
* Immigration Act of 1990
See also
* List of United States immigration legisla ...
(INA) of the United States, " e term 'alien' means any person not a
citizen
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection".
Each state determines the conditions under which it will recognize persons as its citizens, and ...
Swains Island
Swains Island (; Tokelauan: ''Olohega'' ; Samoan: ''Olosega'' ) is a remote coral atoll in the Tokelau Islands in the South Pacific Ocean. The island is the subject of an ongoing territorial dispute between Tokelau and the United States, whi ...
are statutorily "non-citizen nationals." Others, such as natives of Palau and the Marshall Islands, are legal immigrants and aliens for INA purposes.
Every
refugee
A refugee, conventionally speaking, is a displaced person who has crossed national borders and who cannot or is unwilling to return home due to well-founded fear of persecution.
that is admitted to the United States under automatically becomes an "immigrant" and then a "special immigrant" after receiving a green card.
The usage of the term "alien" dates back to 1798, when it was used in the Alien and Sedition Acts. Although the INA provides no overarching explicit definition of the term "illegal alien", it is mentioned in a number of provisions under title 8 of the US code.See, e.g., ; ; ; ("An illegal alien ... is any alien ... who is in the United States unlawfully...."); Several provisions even mention the term "unauthorized alien". According to PolitiFact, the term "illegal alien" occurs in federal law, but does so scarcely. PolitiFact opines that, "where the term does appear, it's undefined or part of an introductory title or limited to apply to certain individuals convicted of felonies."
Since the U.S. law says that a corporation is a person, the term alien is not limited to natural humans because what are colloquially called foreign corporations are technically called alien corporations. Because corporations are creations of local state law, a foreign corporation is an out-of-state corporation.
There are a multitude of unique and highly complex U.S. domestic tax laws and regulations affecting the U.S. tax residency of foreign nationals, both nonresident aliens and resident aliens, in addition to income tax and social security tax treaties and Totalization Agreements.
"Alienage," i.e., citizenship status, has been prohibited since 1989 in New York City from being considered for employment, under that town's Human Rights legislation.
Other jurisdictions
Arab states
In the Gulf Cooperation Council (United Arab Emirates, Saudi Arabia, Kuwait, Oman, Bahrain, and Qatar), many non-natives have lived in the region since birth. However, these Arab states do not easily grant citizenship to non-natives. Most stateless Bedoon in Kuwait belong to indigenous northern tribes.
Latvia
On Latvian passports, the mark ''nepilsoņi'' (alien) refers to non-citizens or former citizens of the Soviet Union (USSR) who do not have voting rights for the parliament of
Latvia
Latvia ( or ; lv, Latvija ; ltg, Latveja; liv, Leţmō), officially the Republic of Latvia ( lv, Latvijas Republika, links=no, ltg, Latvejas Republika, links=no, liv, Leţmō Vabāmō, links=no), is a country in the Baltic region of ...
but have rights and privileges under
Latvian law
Latvian may refer to:
*Something of, from, or related to Latvia
**Latvians, a Baltic ethnic group, native to what is modern-day Latvia and the immediate geographical region
**Latvian language
Latvian ( ), also known as Lettish, is an Easter ...
and international bilateral treaties, such as the right to travel without visas to both the European Union and Russia, where latter is not possible for Latvian citizens.
Laowai ''Laowai'' is the Pinyin pronunciation/transliteration of (pinyin: ''lǎowài'', lit. "old foreign"), an informal term or slang for "foreigner" and/or non-Chinese national, usually neutral but possibly impolite or loose in some circumstances. ...
*
Persona non grata
In diplomacy, a ' (Latin: "person not welcome", plural: ') is a status applied by a host country to foreign diplomats to remove their protection of diplomatic immunity from arrest and other types of prosecution.
Diplomacy
Under Article 9 of the ...
case law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a l ...
Council of Europe
The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in Europe. ...