Aliens

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Aliens

 

persons located on the territory of one state but holding citizenship in another—that is, persons who are not citizens of their country of domicile.

The status of aliens in their country of domicile is regulated by domestic state legislation and by international agreements. Aliens may be accorded national status (equal rights with the local citizens), most-favored status (equal rights for all aliens without discrimination against citizens of a particular country), or a special status (specific, precisely established rights). Rights are granted to aliens, as a rule, on the basis of reciprocity.

In the USSR, aliens enjoy a number of political rights and civil liberties, including freedom of speech, press, and conscience; inviolability of person or dwelling; and privacy of correspondence. Aliens do not have the right to vote and are not subject to compulsory military service. Aliens who are persecuted for defending the interests of the toiling masses, for scholarly activity, or for engaging in a national liberation struggle are granted asylum.

In the sphere of civil and legal rights aliens in the USSR are accorded national status. They can acquire the same civil rights as Soviet citizens (to buy and dispose of property, to inherit property, to conclude contracts, to claim authorship of inventions) and the right to appeal to courts and notary institutions. Aliens may marry Soviet citizens or other aliens; they may adopt children or be adopted; guardianship may be established over them, and they themselves may be guardians. Except for persons who enjoy immunity from jurisdiction (diplomatic and consular representatives as well as certain other persons), aliens are subject to criminal responsibility for any crimes they commit on the territory of the USSR.

Aliens who are permanent residents of the USSR enjoy health care equal to that of Soviet citizens. There are certain legal limitations on the rights of aliens—for example, on moving within certain regions and on choosing certain occupations (ship’s captain, for one).

The USSR has concluded a number of specific agreements on the legal status of aliens—for example, treaties on the rendering of legal aid in civil, family, and criminal cases; citizenship; social insurance; and entering the country without a visa.

The USSR has a system of permissions for aliens with regard to entering and leaving the country: entry and exit are permitted when their passports have special visas; entry or exit without a visa is possible only when there is a specific agreement between the USSR and the state in question. There are simplified regulations for certain categories of aliens—for example, no special permission is required for the crews of foreign merchant ships when they are in port.

I. K. GORODETSKAIA

References in periodicals archive ?
Because the DHS's indefinite-detention regulation falls outside the narrowed ambit of plenary power, (176) the Supreme Court should assert its authority and insist that the DHS respect the due process rights of aliens facing indefinite detention.
953, 984 (2002) ("[W]hile the rights of aliens are undoubtedly qualified in certain circumstances, these circumstances do not justify the imposition of a double standard across the board.
My paper considers the case of the Guantanamo detainees as a window on the broader question of the constitutional rights of aliens abroad.
119) This reliance provides no guidance as to the rights of aliens who have not yet gained entry into the United States and affords them only minimal rights.
While Zadvydas solidifies the constitutional rights of aliens ordered deported, their rights are still subordinate to those of aliens who can legally remain in the United States.
The judicial branch has been generally unreceptive to attempts to directly extend Zadvydas, (251) but multiple circuit courts have used the reasoning in Zadvydas to expand the rights of aliens.
Zadvydas Dissent Considers Due Process Rights of Aliens Under a Final Order of Removal
Curiously, the Court protected the due process rights of aliens under final orders of removal in Zadvydas, but neglected to do so for aliens who have not yet been found deportable.
267) Ironically, by enacting [section] 1226(c), the legislature chose to limit the liberty rights of aliens in response to the inefficiencies of the INS, while the INS contracted with the Vera Institute for Justice to develop a supervised release program so as to prevent unnecessary detention.
1516, 1518 (1979); Developments in the Law: Immigration Policy and the Rights of Aliens, 96 Harv.
The court's decision in this case is yet another example in which the judicial branch of the United States government has completely ignored the rights of aliens who are "within the United States" according to the INS's definition of this term.
An analysis of the case law relevant to the court's decision follows this section, focusing on the constitutional rights of aliens and the exclusion/expulsion distinction.