person
A person ( : people) is a being that has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a culturally established form of social relations such as kinship, ownership of prope ...
(including an
organization
An organization or organisation (Commonwealth English; see spelling differences), is an entity—such as a company, an institution, or an association—comprising one or more people and having a particular purpose.
The word is derived f ...
) who is not a
citizen
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection".
Each state determines the conditions under which it will recognize persons as its citizens, and ...
country
A country is a distinct part of the world, such as a state, nation, or other political entity. It may be a sovereign state or make up one part of a larger state. For example, the country of Japan is an independent, sovereign state, whi ...
, although definitions and terminology differ to some degree depending upon the
continent
A continent is any of several large landmasses. Generally identified by convention rather than any strict criteria, up to seven geographical regions are commonly regarded as continents. Ordered from largest in area to smallest, these seven ...
or region. More generally, however, the term "alien" is perceived as synonymous with
foreign national
A foreign national is any person (including an organization) who is not a national of a specific country. ("The term 'person' means an individual or an organization.") For example, in the United States and in its territories, a foreign nationa ...
. (explaining that "the term 'foreign national' means.... (2) an individual who is not a citizen of the United States or a national of the United States (as defined in section 1101(a)(22) of title 8) and who is not lawfully admitted for permanent residence, as defined by section 1101(a)(20) of title 8.").
Lexicology
The term "alien" is derived from the
Latin
Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through ...
''alienus'', which in turn is derived from the Oscan ''mancupatis'', (a proto-Etruscan tribe), meaning a
slave
Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
. The Latin later came to mean a stranger, a foreigner, or someone not related by blood. Similar terms to "alien" in this context include ''foreigner'' and ''lander''.
Categories
Different countries around the world use varying terms for aliens. The following are several types of aliens:
* legal alien any
foreign national
A foreign national is any person (including an organization) who is not a national of a specific country. ("The term 'person' means an individual or an organization.") For example, in the United States and in its territories, a foreign nationa ...
who is permitted under the law to be in the host country. This is a very broad category which includes
travel visa
A visa (from the Latin ''charta visa'', meaning "paper that has been seen") is a conditional authorization granted by a polity to a foreigner that allows them to enter, remain within, or leave its territory. Visas typically include limits on ...
holders or foreign tourists, registered
refugee
A refugee, conventionally speaking, is a displaced person who has crossed national borders and who cannot or is unwilling to return home due to well-founded fear of persecution.
s, temporary residents, permanent residents, and those who have relinquished their citizenship and/or nationality. Categories of legal alien include
** temporary resident alien any foreign national who has been lawfully granted permission by the government to drive, fly, travel, lodge, reside, study or work for a specific number of years and then apply for an extension or leave the country before such permission expires.
** permanent resident alien any immigrant who has been lawfully admitted into a nation and granted the legal right to remain therein as a permanent resident in accord with the nation's immigration laws.
** nonresident alien any foreign national who is lawfully within a nation but whose legal domicile is in another nation.
* alien enemy (or enemy alien) any foreign national of any country that is at war with the host country.
* undocumented alien (or illegal alien) any person who is liable to deportation because their presence in a nation is in violation of that nation's immigration laws.
Common law jurisdictions
An "alien" in
English law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Principal elements of English law
Although the common law has, historically, b ...
denoted any person born outside of the monarch's dominions and who did not owe allegiance to the monarch. Aliens were not allowed to own land and were subject to different taxes to subjects. This idea was passed on in the
Commonwealth
A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...
to other common law jurisdictions.
Australia
In
Australia
Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...
, citizenship is defined in the Australian nationality law. Non-citizens in Australia are permanent residents, temporary residents, or illegal residents (technically called "unlawful non-citizens"). Most non-citizens (including those who lack citizenship documents) traveling to Australia must obtain a visa prior to travel. The only exceptions to the rule are holders of
New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island coun ...
passports and citizenship, who may apply for a visa on arrival according to the
Trans-Tasman Travel Arrangement
The Trans-Tasman Travel Arrangement (TTTA) is an arrangement between Australia and the Realm of New Zealand which allows for the free movement of citizens of one of these countries to the other. The arrangement came into effect in 1973, and allo ...
High Court of Australia
The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within Australia's Constitution.
The High Court was established following passage of the '' Judiciary Act 1903''. ...
ruled that
Aboriginal Australians
Aboriginal Australians are the various Indigenous peoples of the Australian mainland and many of its islands, such as Tasmania, Fraser Island, Hinchinbrook Island, the Tiwi Islands, and Groote Eylandt, but excluding the Torres Strait ...
(as defined in ''
Mabo v Queensland (No 2)
''Mabo v Queensland (No 2)'' (commonly known as ''Mabo'') is a decision of the High Court of Australia, decided on 3 June 1992.. It is a landmark case, brought by Eddie Mabo against the State of Queensland. The case is notable for first recog ...
'') cannot be considered aliens under the
Constitution of Australia
The Constitution of Australia (or Australian Constitution) is a constitutional document that is supreme law in Australia. It establishes Australia as a federation under a constitutional monarchy and outlines the structure and powers of the A ...
, regardless of whether they were born in Australia or hold Australian citizenship.
Canada
In Canada, the term "alien" is not used in federal statutes. Instead, the term "
foreign national
A foreign national is any person (including an organization) who is not a national of a specific country. ("The term 'person' means an individual or an organization.") For example, in the United States and in its territories, a foreign nationa ...
" serves as its equivalent and is found in legal documents. The Immigration and Refugee Protection Act defines "foreign national" as "a person who is not a Canadian citizen or a permanent resident, and includes a stateless person."
United Kingdom
In the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
British protected person
A British protected person (BPP) is a member of a class of British nationality associated with former protectorates, protected states, and territorial mandates and trusts under British control. Individuals with this nationality are British n ...
Immigration and Nationality Act The U.S. Immigration and Nationality Act may refer to one of several acts including:
* Immigration and Nationality Act of 1952
* Immigration and Nationality Act of 1965
* Immigration Act of 1990
See also
* List of United States immigration legis ...
(INA) of the United States, " e term 'alien' means any person not a
citizen
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection".
Each state determines the conditions under which it will recognize persons as its citizens, and ...
American Samoa
American Samoa ( sm, Amerika Sāmoa, ; also ' or ') is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of the island country of Samoa. Its location is centered on . It is east of the Internatio ...
or on
Swains Island
Swains Island (; Tokelauan: ''Olohega'' ; Samoan: ''Olosega'' ) is a remote coral atoll in the Tokelau Islands in the South Pacific Ocean. The island is the subject of an ongoing territorial dispute between Tokelau and the United States, w ...
are statutorily "non-citizen nationals." Others, such as natives of
Palau
Palau,, officially the Republic of Palau and historically ''Belau'', ''Palaos'' or ''Pelew'', is an island country and microstate in the western Pacific. The nation has approximately 340 islands and connects the western chain of the ...
and the
Marshall Islands
The Marshall Islands ( mh, Ṃajeḷ), officially the Republic of the Marshall Islands ( mh, Aolepān Aorōkin Ṃajeḷ),'' () is an independent island country and microstate near the Equator in the Pacific Ocean, slightly west of the Inte ...
, are legal immigrants and aliens for INA purposes.
Every
refugee
A refugee, conventionally speaking, is a displaced person who has crossed national borders and who cannot or is unwilling to return home due to well-founded fear of persecution.
that is admitted to the United States under automatically becomes an "immigrant" and then a "special immigrant" after receiving a green card.
The usage of the term "alien" dates back to 1798, when it was used in the Alien and Sedition Acts. Although the INA provides no overarching explicit definition of the term "illegal alien", it is mentioned in a number of provisions under title 8 of the US code.See, e.g., ; ; ; ("An illegal alien ... is any alien ... who is in the United States unlawfully...."); Several provisions even mention the term "unauthorized alien". According to PolitiFact, the term "illegal alien" occurs in federal law, but does so scarcely. PolitiFact opines that, "where the term does appear, it's undefined or part of an introductory title or limited to apply to certain individuals convicted of felonies."
Since the U.S. law says that a corporation is a person, 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 and Totalization Agreements.
"Alienage," i.e., citizenship status, has been prohibited since 1989 in
New York City
New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
from being considered for employment, under that town's Human Rights legislation.
Other jurisdictions
Arab states
In the
Gulf Cooperation Council
The Cooperation Council for the Arab States of the Gulf ( ar, مجلس التعاون لدول العربية الخليج ), also known as the Gulf Cooperation Council (GCC; ar, مجلس التعاون الخليجي), is a regional, inter ...
(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. Most stateless Bedoon in Kuwait belong to indigenous northern tribes.
Soviet Union
The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen nationa ...
(USSR) who do not have voting rights for the parliament of
Latvia
Latvia ( or ; lv, Latvija ; ltg, Latveja; liv, Leţmō), officially the Republic of Latvia ( lv, Latvijas Republika, links=no, ltg, Latvejas Republika, links=no, liv, Leţmō Vabāmō, links=no), is a country in the Baltic region of ...
but have rights and privileges under Latvian law and international bilateral treaties, such as the right to travel without visas to both the
European Union
The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are located primarily in Europe, Europe. The union has a total area of ...
and
Russia
Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-ei ...
, where latter is not possible for Latvian citizens.
Alien Tort Statute
The Alien Tort Statute ( codified in 1948 as ; ATS), also called the Alien Tort Claims Act (ATCA), is a section in the United States Code that gives federal courts jurisdiction over lawsuits filed by foreign nationals for torts committed in viol ...
Laowai ''Laowai'' is the Pinyin pronunciation/transliteration of (pinyin: ''lǎowài'', lit. "old foreign"), an informal term or slang for "foreigner" and/or non-Chinese national, usually neutral but possibly impolite or loose in some circumstances. ...
*
Persona non grata
In diplomacy, a ' (Latin: "person not welcome", plural: ') is a status applied by a host country to foreign diplomats to remove their protection of diplomatic immunity from arrest and other types of prosecution.
Diplomacy
Under Article 9 of the ...
law of the United States
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as ...
case law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of ...
Council of Europe
The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold human rights, democracy and the rule of law in Europe. Founded in 1949, it has 46 member states, with a p ...
University of Minnesota
The University of Minnesota, formally the University of Minnesota, Twin Cities, (UMN Twin Cities, the U of M, or Minnesota) is a public land-grant research university in the Twin Cities of Minneapolis and Saint Paul, Minnesota, United States. ...