Also known as: aliens · alienage · alienigena · alienus · foreigner · noncitizen
Written by attorneys · grounded in primary & secondary sources — see below
A person who resides within the borders of a country but is not a citizen or subject of that country. The person was born outside the jurisdiction of the United States, is subject to some foreign government, and has not been naturalized under U.S. law.
Anthony Arnold, a foreign national captured abroad and designated an enemy combatant, was held indefinitely at a U.S. military facility. He petitioned for a writ of habeas corpus to contest the factual basis for his detention and to introduce newly discovered exculpatory evidence. The court permitted the petition because no adequate substitute review process existed that allowed him to challenge the President's detention authority and seek release.
Arthur Abrams, a citizen of Mexico lawfully admitted for permanent residence, was domiciled in the Eastern District of Texas. He was sued there by a foreign corporation for breach of a supply contract exceeding $75,000. Venue was proper in that district because the statute treats him as residing where he is domiciled for all venue purposes.
Select any source to read its text and confirm it supports the definition.
Alice Atkins, a citizen of Canada, filed a contract suit in federal court against a U.S. citizen. At the moment of filing she remained a Canadian domiciliary, satisfying alienage diversity. Three months later she obtained a green card and moved to the same state as the defendant. The court retained jurisdiction because citizenship is fixed at the time the action is instituted.
Aaron Adams, a lawful permanent resident from India, applied for Medicare benefits after only four years of residence. Federal regulations denied coverage because he lacked the required five years of permanent residence. The classification survived review because Congress holds plenary power over immigration and the rule was neither arbitrary nor unreasonable.
Andrew Avery, a three-year resident alien, was denied a state teaching license under a citizenship requirement. The court applied rational-basis review to the state classification and upheld the rule because the state possesses authority to condition certain positions on citizenship status.
Audrey Ashton, charged with unlawful possession of land, asserted that she was a U.S. citizen as a defense. The prosecution introduced evidence that she was born abroad and subject to a foreign government. The court placed the burden on her to prove citizenship once the government showed facts placing her in a class ineligible for citizenship.
A lawful permanent resident alien is treated as a citizen of the state in which the alien is domiciled when suing or being sued by a citizen of that same state. This statutory exception prevents use of alienage jurisdiction for essentially local disputes. Domicile requires both physical presence and intent to remain indefinitely, shown by objective acts such as home purchase, voter registration, and driver's license issuance.
No. Diversity or alienage jurisdiction is measured at the time the complaint is filed. Later naturalization, change of domicile, or merger does not divest jurisdiction that attached when the suit was instituted.
Federal alienage classifications receive rational-basis review because Congress holds plenary power over immigration. A five-year residency requirement for benefits is valid if not arbitrary or unreasonable.
Congress may not categorically deny review without providing a meaningful substitute. Any substitute must permit the detainee to challenge the President's authority to detain, contest fact-finding, introduce newly discovered exculpatory evidence, and seek release.
…and Nationality Act of 1952 authorized the Attorney General, in his discretion, to suspend deportation of certain deportable aliens. It required that the Attorney General’s decision be reported to Congress, and provided that either House of Congress, by resolution, could veto the Attorney General’s decision to allow the…