The Federal Judiciary, Civil Liberties, Immigration and Citizenship

The Federal Court System• The United States has a DUAL Court System. This

means that we have BOTH federal and State courts.

Texas Court System

The US has Two kinds of Federal Courts

• The Supreme Court of the United States (created by the Constitution)

• Inferior Courts (created by Congress)– Constitutional Courts– Special Courts• Bankruptcy• Immigration• Courts Martial• Etc…

Jurisdiction

• Jurisdiction refers to the kinds of cases that a court may hear– Original: cases heard for the first time• Criminal • Civil (law suits)

– Appellate: cases heard on appeal; constitutional or procedural questions

Federal Court System

Appointment of Justices and Federal Judges

• Appointment by the President • Confirmation by the Senate

President Obama Appoints Solicitor General Elena Kagan to the Supreme Court

Federal Judges and Supreme Court Justices

• Term: Serve for life or “good behavior”• Salaries are based upon years of service in the

federal court system• Average $200,000 per year• After 10 years on the federal bench, they are

eligible to retire at full pay if they are at least 65 years of age

• They also receive social security

Benefits and Perks of Supreme Court Justices

• Limo and driver• Secret Service Protection (while in office)• Retirement plan• Health care at Bethesda and Walter Reed• Staff of law clerks for research (10+)• Secretary and receptionist• Office Suite• Etc…

Judicial Review

• Power to declare actions of the President or laws passed by Congress to be unconstitutional

• Can also declare State and local actions unconstitutional

• Marbury V. Madison

The Supreme Court

• The Court “sits” from the first Monday in October until June or July

• About 8,000-10,000 cases are appealed to the Court each year.

• The “Rule of Four” requires that 4 of the 9 Justices must agree to take up a case

• Less than 10% of cases are heard by the Court

Procedure of the Court

• Briefs: written documents filed with the Court. Detailed statement of the facts of the case from each attorney.

• Oral Arguments: each attorney has 30 minutes to present their case and 10 minutes of rebuttal.

• Conference: Justices consider what was said in oral arguments and are “polled” to see who wins. 1/3rd of all cases are unanimous.

• Written Opinions: the verdict of the Court. The Supreme Court does NOT find anyone guilty or innocent! The Court “finds for” the plaintiff or the defendant.

Opinions of the Court

• Majority Opinion: who wins and why• Consenting Opinion: agree w/ majority about

who wins, disagree about why• Dissenting Opinions: disagree about who wins

and why

Civil Liberties

• Five basic concepts of American Democracy:– Worth and Dignity of the Individual– Equality of ALL PERSONS– Majority Rule restrained by Minority Rights– Importance of Compromise– Widest Possible Freedom of the Individual

Authority V. Liberty

• Government must have and use authority of if is to govern effectively.

• In American Democracy, people have numerous constitutional rights and we have a limited government

• The Court frequently faces the question of the scope of the governments’ authority and the rights of the people

Rights guaranteed in the body of the Constitution

• Writ of Habeas Corpus• No Bill of Attainder• No Ex Post Facto Laws• Privileges and Immunities Clause • Full Faith and Credit Clause• Definition of Treason

Purpose of the Bill of Rights

• To protect the individual from the NATIONAL government

• 14th Amendment’s Due Process Clause make all amendments (except 2nd& 7th) apply to the States

• Called “Incorporation”

The Bill of Rights Protects:

• Personal Liberty• Personal Security• Rights of the Accused

Keys to Liberties:

• None of the rights are absolute!• No one may do as he pleases at all times.• At all ages,• In all places,• Under all circumstances.• There are responsibilities that go along with

each Right!

The Bill of Rights protect Personal Liberties through the 5 First Amendment Freedoms

• Freedom of Speech• Freedom of Press• Freedom of Assembly• Freedom of Petition• Freedom of Religion

Difference Between Civil Rights and Civil Liberties

• Civil Liberties: rights granted by the Bill of Rights (can be altered only by Amendment or Supreme Court ruling)

• Civil Rights: rights granted by Congress (can be changed by legislation)

Rights in Conflict

• Sheppard v. Maxwell• The Supreme Court has an obligation to step

in and protect one from being harmed by the rights of another

• Right to a fair trial more essential than freedom of the press

Rights granted to “all persons”

• Who is protected by the Bill of Rights?• What is the difference between a civil liberty

and a political right?• What did the Framers mean by “all persons”?• Korematsu v. United States• Non-citizens are entitled to some protections

from the Bill of Rights

Due Process Clause of the 14th Amendment

Incorporation of the Bill of RightsExcept 2nd amendmentBill of Rights protects people from National and

State government violating their rights

9th Amendment

• Provides for “unremunerated rights” or implied rights

• Not all your rights are listed in the Bill of Rights

• Supreme Court will determine what other rights people are entitled to

• Privacy!

Freedom of Religion

• Two Clauses:– Establishment Clause: “Congress shall make no

law respecting an establishment of religion…” means that the government cannot sponsor a religion

– Free Exercise Clause: “…Congress shall make no law …prohibiting the free exercise of religion…” means that the government may not UNREASONABLY prevent one’s religious practices

Thomas Jefferson’s Explanation of the Establishment Clause

• “sets up a wall of separation between church and State”

• Our government can and does promote religion in general, but cannot promote one area of religious thought over others

• No national religion/church

Ways the US Government promotes religion in general include:

• Tax exemptions for all churches and charities• Chaplains in the military• God in the oath of office• “In god We Trust” on money• “One nation under God” in the pledge• God in verse 4 of the National Anthem• “so help me God” in your oath in Court• Etc….

Issues and Cases Dealing w/ the Establishment Clause

• Released Time:– Can students be released from public school

classes to attend religious services/events?– YES!– Students must be allowed to attend whatever

events are required of their religion– Students may not be punished for absences

relating to religion– Zorach v. Clauson

Prayer and Bible Reading in PUBLIC Schools

• Abinton v. Schemp: public schools may not require students to recite the Lord’s Prayer

• Murray v. Curlette: public schools may not require students to participate in vocal prayer

• Engle v. Vitale: even “voluntary” vocal prayer by students is unconstitutional

• Wallace v. Jaffree: a moment of silence “for prayer or meditation” is unconstitutional

• Stone v. Graham: posting the Ten Commandments in all class rooms is unconstitutional

• Lee v. Weisman: prayer at graduation is unconstitutional • Santa Fe ISD v. Doe: student-led prayer over the loud speaker at school

events (football games) is unconstitutional

LEGAL prayer in public school

• Must be student initiated• Must be student led• Must be non-disruptive of the education process• Must be open to all denominations• Must not be school-sponsored• Moment of silence is legal as long as the words “for

prayer or meditation” are not used• Religious works (Bible, Ten Commandments, Koran,

etc…) can be used as required readings as long as the purpose is studying history or literature

Student Religious Groups in Public Schools

• Westside Community Schools v. Mergens: student bible studies and other religious groups must be allowed to meet just like any other

Teaching Evolution

• Epperson v. Arkansas: teachers cannot be restricted from teaching evolution in public schools

• Edwards v. Aguillard: teachers do not have to teach the creation theory

Religious Seasonal Displays on Public Property

• Lynch v. Donnelly: nativity scene in front of City Hall is unconstitutional

• Allegheny v. ACLU: nativity scene w/ Santa is ok

• Pittsburg v. ACLU:a multi-religion display is ok

Chaplains in Government

• Marsh v. Chambers: since there are no impressionable children in Congress, the Military, or the Supreme Court, it is not a violation of the Constitution, just a tradition.

Tax Exemptions

• Walz v. New York: all charitable institutions, including churches, are tax exempt, so government is not promoting religion, just charity

State Aid to Private Schools

• Can tax dollars be spent in private schools?– Lemon v. Kurtzman: no $ can be granted– Mitchell v. Helms: free lunches, use of buses,

textbooks, etc are okay– Grand Rapid v. Ball: government cannot pay

teacher salaries in private schools– Mueller v. Allen: parents can receive a tax credit

for tuition, uniforms, transportation, etc…

Free Exercise Clause

• This clause guarantees each person the right to believe absolutely anything.

• It does not give people the right to violate:– Criminal laws– Offend public morals– Threaten the health, safety, or welfare of the

community * Religious beliefs do not exempt people from the

law

Cases and Issues (Free Exercise)

• Polygamy: multiple spouses at the same time is illegal. Religion does not excuse people from prosecution.

Military Draft

• Government CAN draft anyone to serve in the military. Those who have religious or philosophical objection cannot be made to fight--- do have to serve.

Illegal Narcotics

• Native American Shaman are exempt from federal laws regarding the use of peyote in religious ceremonies on the reservations

• The Shaman are NOT exempt from prosecution if they are under the influence at work or while driving

Compulsory Education

• The Amish are exempt from State laws requiring school attendance until age 18.

• Amish children must attend school until 8th grade

Paying Taxes

• Religion cannot be your defense for failing to pay taxes

• Even the Amish, who do not use $, must pay taxes.

Political Office

• Religion cannot be used to disqualify someone from running for office

• All political offices are open to all religions

Unemployment

• One cannot be fired for one’s religious beliefs• One CAN be fired if one’s religious practices

interfere with job performance

Snake Handling

• Can be prosecuted for endangering others if handle poisonous snakes in public

Animal Sacrifice

• States cannot outlaw ritual animal sacrifice that is part of religious ceremonies

Pledge of Allegiance

• Students cannot be forced to participate in reciting the pledge if it violates their religious beliefs

Oath in Court

• One cannot be forced to swear to God or on a bible if it violates religious beliefs

Nudity

• Religion isn’t an excuse for violating State laws regarding public decency

Dress Code

• Students MAY violate their school’s dress code if their religion requires it.

General Rule

• A person may believe absolutely anything!• Acting on one’s beliefs may be restricted by

the government if:– Actions harm another person– Actions violate the law– Actions infringe on the rights of another person– Actions violate public morals– Actions endanger the community

Freedom of Expression

• Two purposes:– Guarantee everyone the right to self-expression– Ensure that we will have a full discussion of all

issues and not just hear one side of an issue

Why is free speech so important?

• Words do have consequences– Can make you happy– Can make you sad– Can entertain– Can inform– Can get you in trouble with the law– Can result in a fight– Etc…

Two key points to remember about free speech:

• Free expression was intended to protect unpopular speech; the majority needs no such protection

• Some forms of speech are not protected; they are illegal

Issues and cases involving Expression

• Libel : false and malicious publication• Slander: false and malicious speech• Both are illegal; You have to prove:– It is untrue– It caused damage (actual damage, not just hurt feelings)

• Public Person Exception: famous people have to prove:– It is untrue– It caused damage (actual damage!)– It was done with the intent to cause harm

Mores Issues in Expression

• Obscenity: illegal; defined by the Court in Miller v. California Three part test to determine if is obscene:

1. material appeals to prurient interests2. material depicts or describes an illegal sex act in a patently offensive manner

3. material lacks “serious” artistic, literary, medical, or scientific value

Obscenity

• Pornography isn’t always obscene; up to a jury• It is NOT illegal to own obscene materials• It is ILLEGAL to buy, sell, manufacture,

transport, import, export, etc.. Obscene materials

• All child pornography is illegal• Making obscene phone calls is illegal (felony)

Prior Restraint

• Government preventing one from speaking or publishing one’s ideas

• Can only be done if gov’t can prove that it will damage national security

• Slander and libel cannot be prosecuted unless one has spoken or distributed writings

• Teachers and Administrators can censor school papers• New York Times v. United States: The Pentagon Papers

case. Nixon could not prevent publication of top secret documents that were leaked to the press.

Confidentiality

• The ability of a reporter to keep the name(s) of a source secret from the government

• Must reveal names in a felony or capitol case at the federal level

• Shield Laws protect reporters in some States from having to reveal sources in all but capitol cases

Movies

• Limited protection from the 1st Amendment• Not always factual• Purpose is to make money not to share ideas/

express views

Radio and Television

• Have the most limited 1st amendment protections.

• Use the public airways to sell advertising• Purpose is financial• Cable and Satellite have greater

protection/freedom since people subscribe to their services

Symbolic Speech

• The expression of an idea without the use of the spoken or written word

• Legal Examples:– Picketing– Facial expressions– Armbands– Hair styles– Piercings– Tattoos– T-shirts– Etc…

Cases Involving Symbolic Speech

• US v. O’Brien: burning draft cards is illegal• Tinker v. Des Moines: students can wear

armbands to school in political protest• Kelly v. Johnson: policemen may not violate

their dress code• Texas v. Johnson: burning the American flag in

protest is legal• Buckley v. Valeo: campaign donations are legal

forms of speech

O’Brien

Johnson

Tinker

Commercial Speech

• Speech for the purposes of making a profit; usually advertising

• Prohibited Forms:– False ads– Misleading ads– Ads for illegal goods/services– Etc…

Sedition

• Advocating or urging others to violate the law• Telling people to refuse to show up for the

draft (Schenck v. US)• Hard to prove causation

Freedom of Assembly and Petition

• Purpose: protect the rights of people to get together with others for any number of peaceful reasons. To allow people to protest against government actions and seek redress for grievances.

Reasonable Rules for an Assembly of People

• Government may impose all of the following to protect property, keep peace, and maintain order:– Protests cannot interrupt schools– Protests cannot interrupt court proceedings– Protests may not block traffic– Protests may not cause violence– Protestors may not trespass

Fairness Doctrine

• The government’s regulation of an assembly must be fair to all groups

• They cannot restrict a group from gathering because their ideas are unpopular

• They cannot violate the groups’ freedom of speech• They cannot refuse to grant a permit for a protest

because the groups’ ideas are immoral, disturbing, or unpopular

Regulation of Demonstrations on Public Property

• Groups must obtain a license • Police must do their best to protect the

protestors and the public• Groups must refrain from violating property

rights• Groups must be non-violent• Groups must obey all federal and State laws

Demonstrations on Private Property

• Usually illegal (trespassing!)• Must have the property owners permission to

protest/gather/demonstrate on their property• Property owner may set any requirements

that they wish

Crazy Protest Signs

Right to Associate

• The right to assemble includes a right to associate with other people in order to:– Organize politically– Collectively bargain– Practice religion– Celebrate – Etc…

Freedom of Petition

• The right of Americans to complain about:– Government officials– Taxes– Elections– Prices– Neighbors– Or anything at all!You do have to be careful that your rant doesn’t become

a threat against a government official. Threatening the President, for example, is a felony!

Due Process of Law

• 5th and 14th Amendments • Means that the government must act fairly

and within the bounds of the laws– Procedural: government must follow the rules

when they arrest, prosecute, and incarcerate. Rochin v. California

– Substantive: the laws must be fair to all personsPierce v. Society of Sisters

Police Powers

• Granted to State Governments in 5th & 14th Amendments:– Protection/Promotion of the Public Health– Protection/Promotion of Public Safety– Protection/Promotion of Public Morals– Protection/Promotion of Public Welfare

Conflict with the 5th Amendment

• Police Powers conflict with 5th Amendment Right to refuse to testify against oneself

• Schmerber v. California: does the 5th amendment protect a person from having to give a blood sample that could be used to prove intoxication (DWI)?

• NO! pleading the 5th only protects against verbal testimony. Blood, semen, hair, fingerprints, tissue, urine, etc… can be taken from a suspect without consent. (probable cause/warrant is required)

Right to Privacy: interpreted from the 4th and 9th Amendments

• Griswold v. Connecticut: States cannot outlaw prescriptions for birth control or prevent counseling patients about family planning

• Roe v. Wade: States cannot outlaw all abortions• Guidelines from Roe:– in first trimester: a woman’s right to choose is absolute– In second trimester: States may make reasonable rules

regarding time, place, and manner– In third trimester: States may act in the best interests of

the fetus(viability)

Privacy

• Planned Parenthood v. Casey: allows States to make additional requirements for abortions– professional counseling is required– 24 hour waiting period– Minors need permission– Clinics must keep accurate records of procedures– Married women do NOT need husband’s consent– States may not impose any “undue burdens” on

women

Privacy

• Stenberg v. Carthart: Nebraska’s law outlawing late term abortions was over-turned and declared to be a violation of a woman’s right to privacy. It placed “undue burdens” upon women.

Freedom and Security of the Individual

• Bill of Rights Protects:– Right to keep and bear arms (2nd amendment)– Right to NOT quarter troops (3rd Amendment)– Right to be free from unreasonable searches and

seizures (4th amendment)

Right to Keep & Bear Arms

• Each State has the right to maintain an armed militia (national guard). Each State may make reasonable rules/laws regarding weapons ownership and possession

• Texans have additional protections from the Texas Bill of Rights.

• The right to own/possess a rifle or shotgun is an individual protection in Texas.

Texas Handgun Law

• The ownership of handguns in Texas is restricted – 21 years of age– US citizen– No felonies– No mental illness

• Possession of a handgun on or about one’s person in public is illegal

Concealed Weapons Permit

• Texas may apply to the State for permission to carry a handgun. They must meet the following guidelines:– File an application– Pass background check– Take a class– Pass written test– Pass target test

Court Rulings on 2nd Amendment• The Court has always ruled that the States can outlaw or regulate

ownership and possession of guns. There is no individual right to own a weapon derived from the 2nd Amendment.– Miller: shipping sawed off shot guns across State lines is illegal– Oakpark: States can outlaw the ownership and possession of handguns– Sacramento: States can outlaw the ownership and possession of

automatic and semi-automatic weapons– Heller: the D.C. handgun ban laws was declared unconstitutional

because it was too broad and prevented even a police officer from having a handgun in their home.

– McDonald: Chicago handgun ban declared unconstitutional; there is an individual right to possess a handgun in one’s home for protection. States and communities MAY regulate who may own/possess handguns

Search and Seizure: 4th Amendment

• Legal Searches generally require that the police obtain a WARRANT: court order permitting a search or arrest– Have probable cause : reasonable suspicion– Write and affidavit: a sworn statement of the facts of

the case– Obtain a judge’s signature on the application– List the correct name and address of the suspect– List the person/items to be arrested/ searched/ seized– Provide the accused with a copy of the warrant

Legal Warrantless Searches• Hot Pursuit: police chase• Plain View: the items are in sight of the officer• Public Place: suspect is out in public• Moveable Crime Scene: car, truck, boat, plane, trailer, helicopter, motorcycle, etc… • Border Crossings: can be searched when enter/exit the country• Airport Searches: all persons entering the airport property can be searched ( works

with all public transportation)• Open Fields: any area of land greater than 1 acre• Burning Buildings: police may seize whatever is found at a fire or crime scene• Sobriety/Insurance Checkpoints: police may stop every vehicle to check for ID,

insurance, and intoxication• Employee Drug Testing: employers may require all employees to take a drug test;

can provide evidence to police• Student Searches: principals and teachers may search students at any time• Consent: you have agreed to be searched!

Exclusionary Rule

• Mapp v. Ohio • If the police gained evidence illegally, it cannot

be used in court. (they needed a warrant but didn’t get one)

Exceptions to the Exclusionary Rule

• Illegally obtained evidence can be used under 3 circumstances:– Inevitable Discovery (would have been found

legally since it was out in the open)– Good Faith (police thought they had a legal

warrant– it had expired)– Honest Mistake (police went to the wrong

address)

Drug Testing

• Students: can be tested even if don’t appear to be impaired. Can be used in court.

• Employees: can be fired and prosecuted if test positive

Wiretapping

• Government listening to phone calls, checking emails, tracking internet, listening to home or business conversations

• Requires a warrant if you are a citizen• Patriot Act allows non-citizens suspected of

terrorist ties to be tapped without a warrant

Rights of the Accused

• Essential Principle: Persons accused of a crime are considered to be innocent until proven guilty beyond a reasonable doubt by a jury of their peers.

• Jefferson: “ It is better that ten guilty men go free than one innocent man be punished.”

Rights Guaranteed to All

• Writ of Habeas Corpus: court order that requires police to show probable cause to detain someone

• Right to an Indictment by a Grand Jury for felony crimes: – Grand Jury: 16-23 citizens who decide if there is enough

evidence to bring charges against a person– “Ex Parte” Hearing: only the prosecution presents evidence– “True Bill”: person is charged/indicted with a crime– “No Bill”: person has not been indicted– There is no limit to the number of times a person can be

brought before the Grand Jury

Fair Trial

• Right to a Speedy Trial: within 100 days of indictment• Public Trial: open to the people and press• Trial by a Jury: rather than judge; can choose to have a

Bench Trial (no jury; just judge)• Trial by Jury of Peers: 12 randomly chosen US citizens

will determine innocence or guilt• Trial By an Impartial Jury of Peers: lawyers will select 12

unbiased citizens to serve from a pool of 100’s called to serve. Voie Dire is the process of jury selection

Fair Trial

• Be informed of all the charges against you prior to the start of the trial

• Right to confront witnesses for the prosecution

• Right to compel witnesses to testify on your behalf– Subpoena

Right to the Assistance of Counsel (lawyer)

• Gideon v. Wainwright : in court• Escobedo v. Illinois: during questioning

Your lawyer must be “adequate”

Right to Plead the 5th

• Cannot be forced to give incriminating testimony

• If you are on trial, you cannot be asked to take the stand against your will

• Miranda V. Arizona• Miranda Rights

No Double Jeopardy

• You cannot be re-tried for the same crime after the jury has declared you to be not guilty

• Can be re-tried:– New charges– Hung Jury– Mistrial

Bail

• Financial guarantee to the Court that you will return for your trial if you are released

• Money is returned at the end of the trial• Bail Bondmen grant loans for bail. • Bounty Hunters are hired by bondmen to

return fugitives so they can get the bail $ back from the Court

• Bounty Hunters powers/rights

8th Amendment

• Right to be free from unreasonable fines• Right to be free from cruel and unusual

punishments- no torture!• Illegal punishments:– Hanging – Tar and feathering– Beheading– Prison over crowding– Denying an education to inmates– Etc…

Death Penalty

• Capital Punishment is only permitted if one is convicted of Capital Murder

• Two Trial Process:– 1st Trial: Guilty/not Guilty– 2nd Trial: punishment (life/death)

• Immediate Appeal to Texas Court of Criminal Appeals is required

Right to Appeal

• When you are found guilty, you can appeal your conviction and/or sentence

• When you appeal, you are asking for a new trial.

• Your appeal must be based upon a claim of your constitutional rights being violated

• You cannot appeal based on the claim that you did not commit the crime

Treason

• Treason is the only crime defined in the Constitution.

• Treason is defined as “giving aid and comfort to the enemy in time of war or making an act of war against the United States government…”

Citizenship and Immigration

• According to the 14th Amendment, a US citizen is… “any person born or naturalized in the United States who is subject to the laws and jurisdiction thereof “

Immigration

• An immigrant is a person who enters a country with the intent to remain forever

• An emigrant is one who leaves their native land to reside elsewhere

• Over 90% of all the people in the US today are US citizens. Of the remaining 10%, the majority are here legally and are actively seeking US citizenship

Congress and Citizenship

• Congress has the power to regulate immigration and citizenship. Their powers come from:– The 14th Amendment’s definition of citizenship– Article I of the Constitution– The Necessary and Proper Clause– The Inherent Powers of Congress

Natural-born Citizenship

• There are 2 ways one can be a naturally-born citizen of the US:– The Law of Jus Soli: (by the soil) you were born in the

US• Born in one of the 50 States• Born in Washington, D.C.• Born at an American Embassy• Born on a US military Base• Born on a US military plane, boat, helicopter, etc…

– The Law of Jus Sanguinis: (by the blood) you were born of an American mother

Naturalization

• Naturalization is the process of becoming a citizen at some point after your birth. It can be done two ways:– Individually: you file an application, take test, and

meet all the requirements set by Congress– Collectively: Congress and/or the President make

an entire group of people citizens en masse• President Jefferson made all Louisiana residents US

citizens when he made the LA Purchase• Texans became citizens when Texas entered the US

Requirements for Naturalization

• Entry: you must have entered the US legally• Residence: you must have lived in the legally US for 5 years

and maintained a legal residence in one State for 3 months• Age: you must be at least 18 years of age• Application: you must file an application for naturalization

with the Federal Courts• Literacy: you must be “literate in the English language” .

Pass a test• Character: you must be “of good moral character” . You

have to pass a background check• Testing: you must pass tests on US History and Government

INS and ICE

• The INS is the Immigration and Naturalization Service. They investigate each application for a Visa, Passport, and Naturalization.

• ICE is the Immigration Control and Enforcement Agency. They arrest and deport aliens who have violated the laws of the US and/or are here illegally.

Non-citizens residing in the US• Many people other than US Citizens live here:

– American Nationals: citizens of the territories– Resident Aliens: non-citizens who have permission to live in the US

forever– Non-Resident Aliens: non-citizens who have permission to reside in the

US for a time– Refugees: non-citizens who have entered the US illegally but have been

given amnesty due to political or religious persecution in their country of origin. Cannot become citizens.

– Enemy Aliens: non-citizens who country of origin is at war with the US– Illegal Aliens: non-citizens who have entered the US illegally or who

have over-stayed their Visa– Undocumented Workers/Aliens: non-citizens who cannot legally work in

the US

Loss of Citizenship

• Denaturalization is the process of taking away citizenship from a naturalized citizen and deporting them from the US.

• Grounds for Denaturalization:– Fraudulent marriage to gain entry– Using false documents (Visa, passport, birth certificate,

etc..) to enter the US– Making false statements on you application for citizenship– Cheating on the citizenship tests – Etc…

Expatriation

• Giving up one’s citizenship to become a citizen of another nation.

• Natural-born citizens of the US cannot have their citizenship taken away from them and cannot be deported or exiled from the US.

A Nation of Immigrants

• The US is a Nation of Immigrants• With the exception of those who are 100%

Native -American, all other Americans are the decedents of Immigrants.

• Only 2% of Americans are Native-American

Census Data (2010)

• Population: 334 Million People• Daily Growth: 6,400 • Births: 2,400 per day• Immigration: 4,000 per day (legally)• Median Age: 44• Gender: 52% female; 48% male• 68% own home• 45% have high school diploma• 33% born outside the US• Median income is $52,228• 12% live below the poverty line ($22,500 )

Census Data (2010)

• Race and Ethnicity of the US:– 32% Hispanic American– 11% African American and other Blacks– 3% Asian American– 71% Caucasian/White/Anglo– 12% Other

Illegal Immigration

• About 1 million people come the US illegally each year.

• Each illegal alien in the US costs the US $25,000 per year in expenses and lost revenue.– Education– Health Care– Transportation– Criminal Justice System– Etc…

People Automatically Excluded from Entering the US

• Felons• Terror Watch List Names• Those with communicable illnesses• Drug users/ sellers• Illiterate Persons• Mentally Ill Persons

Deportation

• Legal process of removing an alien from the US and returning them to their country of origin

• Each deportee is entitled to:– A lawyer– Trial by Jury of Peers– One appeal

Why do people want to come to the US?

• Economics/Jobs/Escape Poverty• Freedom of Religion• Escape War/Political Persecution• Freedom of Mobility• “The American Dream”

Why do so many Americans want to stop or limit immigration?

• Fear of Terrorism and Crime• Immigrants take jobs and hurt the economy• Immigrants don’t speak English• Immigrants use government services but don’t

pay taxes• Too many cultural and ethnic differences• Immigrants don’t want to become Americans’;

they don’t assimilate.

The End!

• Study!• Complete Your Notes!• Complete Your Test Review!