WHO IS AN ALIEN
The term aliens are referred to those persons who live in a State other than which they are nationals. Thus, presence of the nationals of one State in another is legally termed as ‘Aliens’ or in simple terms a person outside a particular State is known as an Alien or a Foreigner. Alien has been defined under article 2(b) of the Draft Articles on Expulsion of Aliens prepared on the International Law Commission as an individual who does not possess the nationality of the State in whose territory that individual is present.
Admission of Aliens: No State is under a duty to allow aliens enter its territory. The reception of aliens is a matter of discretion and every State is by reason of its territorial supremacy competent to exclude the aliens from the whole or any part of its territory. Admission of aliens may also be conditional in such cases; the territorial State has a right to impose such conditions as it may deem proper. An alien who seeks admission in the territory of a foreign State must carry a valid passport issued by a State to which he belongs. Prohibition on entry of aliens, admission of aliens and conditional admission of aliens is determined by an examination of immigration laws of several States which are different from one to another.
Rights of Aliens: Law on the rights of aliens is not well settled. However, in the practice of States they are granted depending on the conventions or agreements, rights identical with the rights of their own citizens. An alien is entitled to minimum rights in a State where he resides so that he may enjoy his/her private life. While privileges are granted to an alien may be revoked, the fundamental rights remain. Thus, right to vote, to hold public office or to engage in political activities are usually denied to them. It is also to be noted that the concept of national standard appears to be better than international minimum standard in the sense that a State may be put into difficulty in providing privileged treatment to the alien.
Duties of Aliens: When an alien is a citizen of a State either freely or upon conditions, he falls under its territorial supremacy although he remains at the same time under the personal supremacy of his home State. He owes allegiance for the duration of his residence to the State which he resides and his responsibility to the local State continues as regards to the illegal acts committed by him while the territory concerned is during war temporarily be occupied by the enemy. Since an alien is subject to the territorial supremacy of the local State, it may apply its laws in its own territory and they must comply with those laws. A state has wider powers in respect of residential aliens that is those aliens who take up their residence either permanently or for some time than to those aliens who reside temporarily or who comes as visitors.
Expulsion of Aliens: Expulsion is a formal act by which an alien is compelled to leave the State where he resides. Expulsion in theory is not a punishment. It is an administrative measure consisting an order of the government directing a foreigner to leave the country. The right of a State to expel aliens is generally recognized. This is regarded as one of the attributes of the territorial sovereignty of a State. Any expulsion decision shall state the ground on which it is based. Normally, an alien is expelled when his presence in the State becomes undesirable. Generally, aliens are expelled on grounds such as
- Conviction for a crime relating to the security of a State;
- Vagrancy;
- Spying and political intrigue.
An alien is expelled to the State of nationality or any other State that has the obligation to receive the alien under International Law or to any State that is willing to accept him at the request of the expelling State.
By Pranav K @lexcliq
