Citizen and the Alien: Dilemmas of Contemporary Membership
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United States Immigration
by: Linda Bosniak
Topics include: alienage matters, territorial personhood, territorially present persons, equal citizenship principle, normative nationalism, alienage discrimination, immigration sphere, membership sphere, political function exception, deportation context, immigration power, constitutional citizenship, formal citizenship status, bounded citizenship, border norms, deportation power, paid domestic labor, citizenship theorists, citizenship clause, status noncitizens, alien citizenship, universalist commitments, distributive spheres, plenary power doctrine, national inside
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This book creates conceptual openings in the discourse on immigration. This allows her to discuss immigration in ways that also illuminate citizenship and personhood.
Citizenship presents two faces. Within a political community it stands for inclusion and universalism, but to outsiders, citizenship means exclusion. Because these aspects of citizenship appear spatially and jurisdictionally separate, they are usually regarded as complementary. In fact, the inclusionary and exclusionary dimensions of citizenship dramatically collide within the territory of the nation-state, creating multiple contradictions when it comes to the class of people the law calls aliens--transnational migrants with a status short of full citizenship. Examining alienage and alienage law in all of its complexities, The Citizen and the Alien explores the dilemmas of inclusion and exclusion inherent in the practices and institutions of citizenship in liberal democratic societies, especially the United States. In doing so, it offers an important new perspective on the changing meaning of citizenship in a world of highly porous borders and increasing transmigration.
As a particular form of noncitizenship, alienage represents a powerful lens through which to examine the meaning of citizenship itself, argues the author. The author uses alienage to examine the promises and limits of the "equal citizenship" ideal that animates many constitutional democracies. In the process, the author shows how core features of globalization serve to shape the structure of legal and social relationships at the very heart of national societies.
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