Challenge: Explain this in legal terms

[-SS-]

All:

Anyone here up to the task to find the definition between an alien and a "noncitizen" as per US Code or Regulation [aka legal terms]? I guarentee you it has alot to do with whether or not Section 246 in HR 3200 can hold its ground on whether or not illegals will have access to the public option.

Thanks,

S

 

[Tilted]

An alien is anyone who is not a U.S. national. A U.S. national is anyone who is either a U.S. citizen or a non-citizen U.S. national. A non-citizen U.S. national is someone who doesn't have U.S. citizenship, but does have U.S. nationality. Basically, that means they were born in an outlying possession of the U.S., or born to parents that were non-citizen U.S. nationals, and haven't acquired full U.S. citizenship by some other means. Non-citizen U.S. nationals have essentially all of the same rights, within the U.S., as U.S. citizens - except that they can't vote (at least, I don't know of any states that let them vote).

So, to the point you are asking about - the legal difference between aliens and non-citizens: All aliens are non-citizens, but all non-citizens are not aliens. Some are non-citizen U.S. nationals.

Or, thinking of it a different way, everyone falls into one of the following groups:

(1) U.S. citizens (which are also all U.S. nationals)
(2) Non-citizen U.S. nationals (e.g. people born in outlying possessions of the U.S.)
(3) U.S. Aliens

U.S. national refers to both (1) and (2)
Non-citizens refers to both (2) and (3)


Hope that makes sense.

 

[PJumper]

All:

Anyone here up to the task to find the definition between an alien and a "noncitizen" as per US Code or Regulation [aka legal terms]? I guarentee you it has alot to do with whether or not Section 246 in HR 3200 can hold its ground on whether or not illegals will have access to the public option.

Thanks,

S

Illegal immigrants are generally referred to as "Aliens" while non-citizens are legal immigrants in possession of Permanent Resident Card also known as Green Card.

 

[-SS-]

Thanks for the help. Its pretty much how I see it too. However, if anyone else has anything to add, then please do.

My reference for all of this is the Immigration Act of 1940 and was wondering if anyone had anything else to bring to the table.

 

[Tilted]

Illegal immigrants are generally referred to as "Aliens" while non-citizens are legal immigrants in possession of Permanent Resident Card also known as Green Card.

I think SS is looking for the legal meanings, not necessarily how the terms are used colloquially (which no doubt varies). Per U.S. code, an alien is anyone who is not a U.S. citizen or U.S. national, regardless of whether or not they are in the U.S. legally. A non-citizen is just that - anyone who isn't a citizen. For practical purposes, the only non-citizens that aren't aliens, are those who are born in outlying possessions, or to non-citizen U.S. nationals.

That is what you were looking for, right SS?

 

[FredFlash]

the definition between an alien and a "non citizen" as per US Code or Regulation [aka legal terms]? I guarantee you it has a lot to do with whether or not Section 246 in HR 3200 can hold its ground on whether or not illegals will have access to the public option.

Why don't you tell us why you believe it has a lot to do with whether or not Section 246 in HR 3200 can hold its ground on whether or not illegals will have access to the public option?

The phrase "individuals who are not lawfully present in the United States", as used in H. R. 3200, section 246, appears broad enough to to cover all "illegals."

 

[-SS-]

I think SS is looking for the legal meanings, not necessarily how the terms are used colloquially (which no doubt varies). Per U.S. code, an alien is anyone who is not a U.S. citizen or U.S. national, regardless of whether or not they are in the U.S. legally. A non-citizen is just that - anyone who isn't a citizen. For practical purposes, the only non-citizens that aren't aliens, are those who are born in outlying possessions, or to non-citizen U.S. nationals.

That is what you were looking for, right SS?

You're on point. Thank You.

 

[-SS-]

Why don't you tell us why you believe it has a lot to do with whether or not Section 246 in HR 3200 can hold its ground on whether or not illegals will have access to the public option?

The phrase "individuals who are not lawfully present in the United States", as used in H. R. 3200, section 246, appears broad enough to to cover all "illegals."

Uh, no its not. But by all means, go ahead and prove your case. Ill listen... and you better bring the facts and not any of your usual bullsh*t either.