Alien (law)

“ Any alien who, at any time after entry, shall have on more than one occasion, knowingly and for gain, encouraged, induced, assisted, abetted, or aided any other alien or aliens to enter or to try to enter the United States in violation of law. ”

“ An alien enemy cannot be permitted to make the declaration required by law, preparatory to the naturalization of aliens. Ex parte Newman, 2 Gallis’ C. C. R. 11.
An alien enemy cannot sustain a suit in a prize court, nor can a citizen claim the property of an alien enemy in a prize court, upon an alleged sale since the war. ”

“ That positive provisions, in the Constitution, securing to individuals the benefits of fair trial, are also violated by the union of powers in the Alien Act, necessarily results from the two facts, that the act relates to alien friends, and that alien friends, being under the municipal law only, are entitled to its protection. ”

“ The object of naturalisation is always an alien. Some States will naturalise such aliens only as are stateless because they never have been citizens of another State or because they have renounced, or have been released from or deprived of, the citizenship of their home State. But other States, as Great Britain, naturalise also such aliens as are and remain subjects of their home State. Most States naturalise such person only as has taken his domicile in their country, has been residing there for some length of time, and intends permanently to remain in their country. ”

“ Is a statute passed in execution of that power any less applicable to an alien who has acquired a commercial domicile whthin the United States, but who, having voluntarily left the country, although for a temporary purpose, claims the right under some law or treaty to re-enter it? We think not. The words of the statute are broad, and include 'every case' of an alien, at least every Chinese alien, who at the time of its passage is out of this country, no matter for what reason, and seeks to come back. He is none the less an alien because of his having a commercial domicile in this country. ”

“ It is obvious that, if a State need not receive aliens at all, it can, on the other hand, receive them under certain conditions only. Thus, for example, Russia does not admit aliens without passports, and if the alien adheres to the Jewish faith he has to submit to a number of special restrictions. Thus, further, during the time Napoleon III. ruled in France, every alien entering French territory from the sea or from neighbouring land was admitted only after having stated his name, nationality, and the place to which he intended to go. ”

“ But as in strict law a State can expel even domiciled aliens without so much as giving the reasons, the refusal of the expelling State to supply the reasons for expulsion to the home State of the expelled alien does not constitute an illegal, although a very unfriendly, act. And there is no doubt that every expulsion of an alien without just cause is, in spite of its international legality, an unfriendly act, which can rightfully be met with retorsion. ”

“ Resolved, That the Act of Congress, passed on the 22d June, 1798, entitled "An Act concerning Aliens," which assumes powers over Alien Friends, not delegated by the Constitution, is not law, but is altogether void and of no force. ”

“ The actual amount of personal injury inflicted by the operation of the alien and sedition laws was not enormous, though certainly not negligible. A considerable body of aliens fled the country, either during the period when the alien laws were pending or immediately after they went into effect. ”

“ Under the influence of the right of protection over its subjects abroad which every State holds, and the corresponding duty of every State to treat aliens on its territory with a certain consideration, an alien, provided he owns a nationality at all, cannot be outlawed in foreign countries, but must be afforded protection of his person and property. ”

“ Some States, as Switzerland, make a distinction between such aliens as intend to settle down in the country and such as intend only to travel in the country; no alien is allowed to settle in the country without having asked and received a special authorisation on the part of the Government, whereas the country is unconditionally open to all mere travelling aliens. ”

“ By the common law, an alien cannot acquire real property by operation of law, but may take it by act of the grantor, and hold it until office found; that is, until the fact of alienage is authoritatively established by a public officer, upon an inquest held at the instance of the government. ”

“ See, however, above, § 127, concerning the attitude of Great Britain with regard to aliens in British colonies.
It must be emphasised that an alien is responsible to the local State for all illegal acts which he commits while the territory concerned is during war temporarily occupied by the enemy. ”

“ Should the expelled refuse to leave the territory voluntarily or, after having left, return without authorisation, he may be arrested, punished, and forcibly brought to the frontier.
Reconduction in Contradistinction to Expulsion.
§ 326. In many Continental States destitute aliens, foreign vagabonds, suspicious aliens without papers of legitimation, alien criminals who have served their punishment, and the like, are without any formalities arrested by the police and reconducted to the frontier. ”

“ It seems to be a rule of general public law that an alien can be sent out of the realm by exercise of the crown's prerogative; but in modern English practice, whenever it seems necessary to expel foreigners (see EXPULSION) , a special act of parliament has to be obtained for the purpose, unless the case falls within the extradition acts or the Aliens Act 1905. The latter prohibits the landing in the United Kingdom of undesirable alien steerage passengers, called in the act ``immigrants,'' from ships carrying more than twenty alien steerage passengers, called in the act ``immigrant ships'' ”

“ We now come to the second class, namely, those countries which have laws and local regulations for the expulsion of aliens, but have neither law nor custom for prohibiting their admission into the country in the first instance.
Of these we will first take Germany, including all the States with the exception of the kingdoms of Bavaria and Saxony. It is held by international law, that each State has the power of expelling from its territory aliens who may have rendered themselves obnoxious or dangerous to it. ”

“ In Italy no special law exists, the residence of aliens in that country being regulated by the common law; but should such persons in the same manner as indigent natives take to begging, or if they engage in no fixed or useful labour, they can be arrested as idle persons, and dealt with by the judicial authorities, who can inflict a punishment upon them, and expel them from the King's dominions. ”

“ It is not reasonable to anticipate that if the great transportation lines do not respect the laws of this country their alien passengers will do so, nor can it be conceded that those aliens whose entrance to the United States is effected in spite of the law are desirable or even safe additions to our population. ”

“ Such State as expels an alien will hardly admit not having had a just cause. Some States, as Belgium [660] since 1885, possess Municipal Laws determining just causes for the expulsion of aliens, and such States' discretion concerning expulsion is, of course, more or less restricted. But many States do not possess such laws, and are, therefore, entirely at liberty to consider a cause as justifying expulsion or not. ”

“ IV., with respect to aliens, and yet they are not in the colony. It is uncomfortable to have to give an opinion without having any means of information. I had to examine and consider and report upon the whole state of the law on the point for the information of the Governor, but our Royal instructions prohibit the proposal of any Act for naturalising aliens, so that puts an end to doubt on the subject, and will be anything but gratifying to Dr. G. As an alien he cannot hold lands either by grant, purchase, or devise ”

“ And all alien enemies who fail to conduct themselves as so enjoined, in addition to all other penalties prescribed by law, shall be liable to restraint or to give security or to remove and depart from the United States in the manner prescribed by Sections 4069 and 4070 of the Revised Statutes and as prescribed in the regulations duly promulgated by the President. ”

“ But we cannot accept the conclusion that deserting alien seamen are thereby made a favored class to be retained in this country when other aliens would be compelled to leave. 'Any alien' in section 14 of the act of 1924 includes alien seamen on its face and by the definition in section 28, Id. (8 USCA § 224) . It is obvious that thepet itioner, whether he entered rightfully or wrongfully, remained in the United States longer than he was permitted to by the law. ”

“ Therefore, since the Law of Nations does not prevent a State from expelling aliens, the home State of an expelled alien cannot request the expelling State to pay damages for the losses sustained by the expelled through his having to leave the country. ”

“ There a devise to an alien enemy resident in England, made during our Revolutinary War by a citizen of Virginia, and there residing at the time, was sustained, and held to vest a title in the devisee which was good until office found. 'It is clear by the common law,' said Mr. Justice Story, speaking for the court, 'that an alien can take lands by purchase though not by descent ”

“ The most important recommendations call for admission tests in Europe rather than after the alien has reached America, for the spread of information leading to better distribution, and for the establishment of a commission to investigate the subject of immigration in all its relations, including the violations and evasions of the present law. ”

“ Municipal Law of most States, an alien female marrying a subject of such State becomes thereby ipso facto naturalised. Thus, further, according to the Municipal Law of several States, an illegitimate child born of an alien mother, and therefore an alien himself, becomes ipso facto naturalised through the father marrying the mother and thereby legitimating the child. ”

“ A special law, passed to put a stop to such practices as these, provides that when a naturalized alien has resided two years in the foreign 368state from which he came, or five years in any other foreign state, he forfeits his citizenship. ”

“ On the other hand, it cannot be denied that, especially in the case of expulsion of an alien who has been residing within the expelling State for some length of time and has established a business there, the home State of the expelled individual is by its right of protection over citizens abroad justified in making diplomatic representations to the expelling State and asking for the reasons for the expulsion. ”

“ Such fugitive alien enjoys the hospitality of the State which grants him asylum; but it might be necessary to place him under surveillance, or even to intern him at some place in the interest of the State which is prosecuting him. For it is the duty of every State to prevent individuals living on its territory from endangering the safety of another State. ”

“ The custom observed in Servia, Hungary, Greece, and Montenegro is all much the same. Either by penal codes, or by the unwritten, but equally stringent, law of custom, the foreigner who is found in any of these countries without visible means of subsistence, and who has no occupation, is requested to leave the country by the authorities, and should he fail to comply, he is forcibly conducted to the frontier and expelled. ”

“ When I mention these rights of an alien, I must be understood of alien-friends only, or such whose countries are in peace with ours; for alien-enemies have no rights, no privileges, unless by the king's special favour, during the time of war. ”

“ It is not generally known, that although every stranger in America receives the protection of its Government, let his crimes in the country he has fled from be ever so atrocious, still he cannot be naturalized till after the expiration of a four years' residence in it; and if, in the mean time, a War should break out between his own country and the United States, he will be considered as an alien ”

“ Terry said flatly. "He takes the long view, which is that everything will come out in the wash. I agree with him, so why worry—knowing that the variants will iron themselves out, and nothing I can possibly do will be noticed or missed? Hence, I seldom worry about my obligations to mankind, as long as I stay reasonably law-abiding. Do likewise, Brother Del, and you'll live longer, or at least more happily."
Underwood grinned in the blinding glare of the Atom Stream. He wished life were as simple as Terry would have him believe. Maybe it would be, he thought—if it weren't for Illia. ”