Alien (law)
Alien (law) refers to the legal status of individuals who reside in a country without being nationals or citizens of that country. This classification encompasses various categories, including resident aliens, undocumented aliens, refugees, and those seeking asylum. Laws governing aliens differ significantly from nation to nation, influencing their rights, responsibilities, and the conditions under which they may live and work.
In the United States, for example, immigrants are those granted permanent residency, while nonimmigrants possess temporary visas. Legal aliens enjoy certain rights, including protection against discrimination and the obligation to pay taxes, while undocumented aliens face the risk of deportation. The situation surrounding undocumented aliens is particularly contentious, with millions living in the U.S., predominantly from Mexico, amid ongoing debates about immigration policies and reform.
Globally, migration is often driven by factors such as conflict, poverty, and economic opportunity, resulting in significant shifts in population demographics, particularly in regions like Europe and Canada. Countries like Canada have also implemented specific policies that affect the status and rights of temporary foreign workers, demonstrating the complex interplay of law and migration. Understanding alien law is crucial for grasping the broader implications of immigration and the diverse experiences of those who seek new lives in different countries.
Subject Terms
Alien (law)
An alien is a person who is in a country but is not a national, or citizen, of the country. A person may be a resident alien of the country in which they reside, or an undocumented alien.
Aliens may be immigrants or nonimmigrants. Refugees and those seeking asylum are also aliens. Various laws in each country determine the rights of aliens and their responsibilities, including requirements to pay taxes.
Aliens Around the World
People choose to migrate for a variety of reasons. In 2015, more than one million people entered Europe to escape poverty, violence, and other social problems. Individuals often choose to move to other countries for purely economic reasons. Between 1990 and 2013, Spain's robust economy drew immigrants from around the world, including Latin America and North Africa. The immigrant population grew from less than one million to more than six million. Several of the world's wealthiest countries, such as the United Arab Emirates (UAE) and Qatar, draw large numbers of immigrants from Bangladesh, India, Pakistan, and other countries. In the 2010s and into the 2020s, over 80 percent of the population of UAE was foreign born.
According to the Office of the United Nations High Commissioner for Refugees (UNHCR), in 2015 more than 60 million people worldwide were refugees or internally displaced people, and by 2024, this number reached 120 million. Internally displaced people are those who have fled their homes but remain within their countries. The UNHCR cited a number of reasons for the migration, including natural disasters, conflicts in many countries, diseases such as Ebola, and terrorism. Nearly 75 percent of the world's refugees in the 2020s were from Afghanistan, Venezuela, Syria, Ukraine, and Sudan.
The United States
In the United States, immigrants are those who have received permission to live in the country permanently. Nonimmigrants have been granted permission to live in the United States temporarily, as specified on a visa. Some have the right to work.
Aliens who reside legally in the country have many of the same rights as citizens. They are eligible to work and are protected against discrimination in seeking employment. Employers are required to pay them mandated minimum wages.
Two constitutional amendments—the Fifth and Fourteenth—give aliens specific legal rights: due process and equal protection.
Aliens in the United States also have responsibilities. They must pay state and federal taxes, and in times of war must participate in the draft lottery system, if one is necessary. States may pass some laws that apply to aliens, but legislation cannot be at odds with the Constitution or federal law. Aliens are protected by law from civil rights abuses and may file lawsuits in the US court systems.
Undocumented aliens have entered the country illegally, or entered legally but are "out of status," for example, the individual's visa expired but they did not leave the country. Undocumented aliens may be deported, or sent back to their countries of origin. A great deal of controversy has arisen over undocumented aliens, also called unauthorized immigrants, in the United States. Beginning in the 1990s, the number of unauthorized immigrants increased until it peaked in 2007 at 12.2 million. The number of unauthorized immigrants decreased each subsequent year until 2022, when this population increased for the first time since 2007. About half of undocumented immigrants are from Mexico. However, from 2009 to 2014, more Mexicans left the United States than entered. Researchers indicated the poor US economy and family reunification were likely the main reasons for this reversal. The number of Chinese and Indian immigrants to the United States simultaneously increased.
The United States has periodically passed legislation permitting undocumented aliens to get green cards, or permanent resident cards, although legislators often face backlash against any proposed amnesty laws.
Europe
A seismic societal shift occurred from 2013 to 2015 as more than one million migrants and refugees poured into the European Union (EU). The majority crossed the Aegean or Mediterranean Seas. Half were trying to escape the Syrian civil war, about 20 percent were Afghans, and 7 percent were Iraqis. Most were seeking asylum in EU countries.
The majority of asylum applicants traveled to Germany, according to 2014 figures. Many settled in France and the United Kingdom (UK). Large communities in the UK are composed of immigrants from Pakistan, Somalia, and Middle Eastern countries.
The UK has one of the most diverse populations in the world. In 2014, the UK measured ninety-seven out of one hundred on the Herfindahl-Hirschman Index, which measures the degree of concentration of populations, for the diversity of immigrant birth countries. The United States measured ninety-one on the index. Europe also experienced shifts as asylum seekers from Chechnya and Serbia left their countries due to separatist violence or discrimination.
In the 2020s, the number of Ukrainian immigrants in the EU increased with Russia's invasion of Ukraine. Other common countries of origin of aliens in Europe in the 2020s included Syria, Afghanistan, Turkey, Venezuela, and Colombia. The countries that received the most immigrants were Germany, France, the UK, Italy, Spain, and Sweden.
Canada
Many aliens living in Canada under the Temporary Foreign Worker Program faced a change in the law in 2011 that affected their ability to remain in the country. The new rules set four-year limits, with a few exceptions, on how long such low-skilled workers could be employed in Canada. After four years, they either had to leave the country, or remain in Canada on student or visitor visas; they would again be eligible to work in another four years. The first people affected by the law saw their eligibility evaporate in early 2015.
At the same time, Canada set a goal of accepting ten thousand Syrian refugees into the country by the close of 2015. The refugees were entering Canada as permanent residents. Exceeding this goal, Canada accepted over 100,000 Syrian refugees in the late 2010s and early 2020s. In this time period, Canada’s alien population continued to increase as the country became a global leader in refugee resettlement. In 2022 and 2023, the country granted permanent residency to over 430,000 people each year.
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