Legal Aliens Restrictions
(1) A beneficiary may provide legal assistance to an alien belonging to one of the following categories: This part is intended to ensure that beneficiaries provide legal assistance only to U.S. citizens and eligible aliens. It is also designed to help recipients determine the eligibility and immigration status of people seeking legal aid. States may restrict the eligibility of qualified aliens, non-immigrants, and certain probation officers. They do not restrict the eligibility of refugees, asylum-seekers or aliens whose removal has been refused within the first five years of entry; military members, veterans and their families; and those credited with 40 eligible quarters. (§ 412) 1. Does it make sense to vary the degree of judicial review according to the type of activity from which foreign nationals are excluded? 2. Does it make sense to change the degree of judicial review depending on whether the classification is carried out by a Land government or by the federal government? 3. In the above cases, what would be the result if the Court had systematically applied an “intermediate level examination” that required the government to demonstrate that its ranking was reasonably related to a material (or substantial) interest? 4. Could concerns about a foreign teacher in public schools not properly teaching American values be addressed in ways other than total exclusion from employment – for example, all teachers must pass certain tests of American laws and traditions? 5. To what extent are laws prohibiting legal aliens from certain government jobs based on the economic desire to save them for citizens, as opposed to the concern that foreigners as a group are not qualified for those positions? 6. Does it make sense to claim that all public school teachers fall within the “political office” exception, while lawyers as “court officers” are not? (2) Documentary evidence. Evidence may include, but is not limited to, affidavits or affidavits from the foreign national; written summaries of statements or interviews from abroad recorded by others, including the recipient; Reports and affidavits of police, judges and other court officials, medical personnel, school officials, clergy, social workers and other social service personnel; protection orders or other legal evidence of measures to stop abuse; evidence that a person has sought refuge in a dwelling or similar shelter; Photographs; Documents; or any other evidence of a series of acts establishing a pattern of qualified abuse.
(b) The recipient shall, upon request, provide any person seeking legal assistance with an up-to-date list of documents proving eligibility under this Part published by the LSC. Davidowitz,In 1401, the court struck down a Pennsylvania law that required the annual registration and fingerprinting of aliens, but went beyond subsequent federal law to require the acquisition of an alien`s identity card, which had to be carried at all times and presented to each police officer upon request and to other licensing officers when applying for a driver`s license.1402 e) A recipient may be a destitute alien, seek assistance under the Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act, 42 U.S.C. 11607(b), if they are financially eligible. State law regulates the right of an alien to own immovable property in that State. At common law, the alien has property rights similar to those of citizens. Currently, most states have passed laws that follow common law, but some have prohibited aliens who are not eligible for U.S. citizenship from owning or acquiring real estate. These laws led to successful challenges by foreigners who claimed the laws were unconstitutional.
PRWORA restricts some legal immigrants` access to certain programs and denies undocumented immigrants access to many government-funded programs. However, immigrants are still entitled to benefits and services, unless specifically restricted, as outlined below. (Quotations in the following sections refer to PRWORA, unless otherwise noted.) With many important exceptions, skilled foreign nationals are not eligible for the Supplementary Nutrition Assistance Program (SNAP formerly Food Stamp Program) and ISS. States have the authority to determine their eligibility for TANF, SSBG and Medicaid. With few exceptions, eligible foreign nationals who enter the country after August 22, 1996, will be denied income-related public benefits during their first five years in the United States as skilled aliens. Aliens also receive treatment very similar to that of U.S. citizens under the judicial system. For example, the Fifth and Fourteenth Amendments to the U.S. Constitution apply to aliens living in the United States. As such, the courts guarantee aliens the right to due process and equal protection of the law. Courts have generally interpreted the Fourth Amendment as applying equally to aliens. The Fourth Amendment prohibits the government from conducting inappropriate searches and seizures.
The “green card” of a legal foreign national (permanent resident) actually has very little green. In Canada, the term “foreigner” is not used in federal legislation. Instead, the term “foreigner” serves as an equivalent and can be found in legal documents. The Immigration and Refugee Protection Act defines “foreign nationals” as “a person who is not a Canadian citizen or permanent resident and who includes a stateless person.” [22] 1382 Chinese Exclusion Case (Chae Chan Ping v. United States), 130 U.S. 581, 603, 604 (1889); see also Fong Yue Ting v. United States, 149 U.S. 698, 705 (1893); The Japanese Immigrant Case (Yamataya v. Fisher), 189 U.S. 86 (1903); United States ex rel.
Williams, 194 U.S. 279 (1904); Bugajewitz v. Adams, 228 U.S. 585 (1913); Hines v.