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Inlaw, analien is generally anyperson (including anorganization) who is not acitizen or anational of a specificcountry,[1][2][3][4] although definitions and terminology differ acrosslegal systems.
The term "alien" is derived from theLatinalienus. The Latin later came to mean a stranger, a foreigner, or someone not related by blood.[5] Similar terms to "alien" in this context includeforeigner andlander.[6]
Different countries around the world use varying terms forforeign nationals. Those who haverelinquished their citizenship and/or nationality may or not be an alien in the host country.[7] The following are general categories:
An "alien" inEnglish law denoted any person born outside of the monarch's dominions and who did not owe allegiance to the monarch. Aliens were not allowed to ownland and were subject to different taxes tosubjects.[15] This idea was passed on in theCommonwealth to other common law jurisdictions.
InAustralia, citizenship is defined in theAustralian nationality law. Non-citizens in Australia are permanent residents, temporary residents, or "unlawful non-citizens".[16] Most non-citizens (including those who lack citizenship documents) traveling to Australia must obtain avisa prior to travel. The only exceptions to the rule are holders ofNew Zealand passports and citizenship, who may apply for a visa on arrival according to theTrans-Tasman Travel Arrangement.[17]
In 2020, inLove v Commonwealth, theHigh Court of Australia ruled thatAboriginal Australians (as defined inMabo v Queensland (No 2)) cannot be considered aliens under theConstitution of Australia, regardless of whether they were born in Australia or hold Australian citizenship.[18][19][20]
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. TheImmigration and Refugee Protection Act defines "foreign national" as "a person who is not aCanadian citizen or a permanent resident, and includes a stateless person."[21]
In theUnited Kingdom, theBritish Nationality Act 1981 defines an alien as a person who is not aBritish citizen, a citizen of Ireland, aCommonwealth citizen, or aBritish protected person.[22] TheAliens Act 1905, theBritish Nationality and Status of Aliens Act 1914 and theAliens Restriction (Amendment) Act 1919 were all products of the turbulence in the early part of the 20th century.
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In the United States, the term "alien" is synonymous withforeign national.[23] Under theImmigration and Nationality Act (INA) of the United States, "[t]he term 'alien' means any person not acitizen ornational of the United States."[2][4] People born inAmerican Samoa or onSwains Island are statutorily "non-citizen nationals."[24] Others, such as natives ofPalau and theMarshall Islands, are noncitizen "nonimmigrants without visas" for INA purposes.[25]
Everyrefugee that is admitted to the United States under8 U.S.C. § 1157 automatically becomes an "immigrant" and then a "special immigrant" after receiving agreen card.[8]
The usage of the term "alien" dates back to 1790, when it was used in the Naturalization Act and then 1798 when it was used in theAlien and Sedition Acts.[26] The INA contains 22 occurences and a clear definition of the category of "alien lawfully admitted" and one occurrence of "illegal alien", with no explicit definition. The later is mentioned in a number of provisions under title 8 of the US code.[27] Several provisions mention the term "unauthorized alien". "undocumented alien" or "undocumented person.[28] According toPolitiFact, the term "illegal alien" scarcely occurs in federal law and is undefined or part of an introductory title or limited to apply to certain individuals convicted of felonies.” According to Jeff Baker of thePepperdine School of Law, ‘alien’ may be a technical term of art, but ‘illegal alien’ is almost always pejorative in contemporary usage."[29]
Since the U.S. law says that acorporation is a person,[4] 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 andtotalization agreements.[30]
"Alienage", i.e., citizenship status, has been prohibited since 1989 inNew York City from being considered for employment, under that town's Human Rights legislation.[31][32]
In theGulf 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.[33][34][35] Most stateless Bedoon in Kuwait belong to indigenous northern tribes.[36]
TheEuropean Parliament withdrew the term "alien" from documents relative toEurodac, a European Union-wide biometric database that collects and maintains fingerprint records of non-EU/European Economic Area (EEA), adopting "third-country national or a stateless person"[37]
Alien, in national and international law, a foreign-born resident who is not a citizen by virtue of parentage or naturalization and who is still a citizen or subject of another country.
A person who resides within the borders of a country but is not a citizen or subject of that country; a person not owingallegiance to a particular nation. - In the United States, an alien is a person who was born outside the jurisdiction of the United States, who is subject to some foreign government, and who has not been naturalized underU.S. law.
Since 1989, the city's human-rights law has banned discrimination based on citizenship status or "alienage" in employment, housing and public accommodations.
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